GIFT   OF 


PUBLIC  SCHOOL 


LAWS  OF 


TENNESSEE 


TOGETHER  WITH  LEADING  DECISIONS  OF 
THE  SUPREME  COURT,  EXPLANATORY 
NOTES,  AND  AMENDMENTS  MADE  BY  GEN- 
ERAL ASSEMBLIES  UP  TO  MAY  14,  1901. 


This  Book  is  the  property  of  the  State.     It  is  made  by  law  the 

official  duty  of  any  officer  or  teacher  who  may  receive 

it  to  preserve  it  as  public  property,  and  turn 

it  over  to  his  successor  in  office. 


MORGAN  C.  FITZPATRICK, 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

NASHVILLE,  TENN. 
1901. 


PUBLIC  SCHOOL 


LAWS  OF 


TENNESSEE 


TOGETHER  WITH 


<  LEADING  DECISIONS  OF  THE  SUPREME  COURT, 

^  EXPLANATORY  NOTES,  AND  AMENDMENTS 

MADE  BY  GENERAL  ASSEMBLIES 
UP    TO  MAY  14,  1901. 


MORGAN  C.  FITZPATRICK, 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


NASHVILLE,  TENNESSEE. 
1901. 


• 


STATE  OF  TENNESSEE, 
DEPARTMENT  OF  PUBLIC  INSTRUCTION, 

NASHVILLE,  May  15,  1901. 
To  the  County  Superintendent: 

The  Act  of  1873,  providing  for  our  present  system  of  public 
schools,  makes  it  the  duty  of  the  State  Superintendent  of  Public 
Instruction  to  print  the  public  school  laws  of  the  State,  in  pam- 
phlet form,  for  use  of  school  officials  and  teachers.  This  pam- 
phlet contains  all  general  legislation  upon  that  subject  and  such 
special  legislation  as  may  be  of  general  interest.  The  law  is 
given  as  it  exists  to-day,  after  various  amendments  by  the  Gen- 
eral Assembly.  The  text-book  law,  the  act  for  the  protection  of 
female  colleges,  the  act  prohibiting  co-education,  the  act  prohib- 
iting teachers  of  one  race  from  teaching  children  of  another,  the 
county  high  school  bill,  and  the  acts  providing  for  the  govern- 
ment of  the  public  schools  in  the  city  of  Memphis  are  given  in 
full.  Many  special  acts  have  been  passed  by  the  Legislature  at 
its  different  sessions,  creating  new  school  districts  in  certain  coun- 
ties, or  out  of  portions  of  two  or  more  counties,  and  as  these  acts  ap- 
pear in  the  printed  acts  of  the  Legislature,  and  are  not  of  general 
interest,  they  are  not  included  in  this  compilation.  I  have  also 
omitted  special  statutes  amending  the  charters  of  towns  and  cities, 
as  well  as  those  providing  for  the  purchase  and  sale  of  school  prop- 
erty in  various  localities.  These  statutes  cannot  be  of  general  inter- 
est. Tin:-"  pamphlet  contains  all  changes  and  amendments  to  gen- 
eral public  school  laws  up  to  May  14,  1901.  It  also  contains  a  brief 
of  the  Supreme  Con jt-  decisions  upon  important  public  school 
questions.  A  sufficient- immber  have -been  printed  to  supply  all 
public  school  demands,  and,  the  pamphlet  being  the  property  of  the 
State,  should  be  preserved  and  turned  over  to  your  successor. 

C.    FlTZPATKICK, 

State  Superintendent. 


The  Public  School  Laws  of  Tennessee, 

TOGETHER   WITH 

LEADING    DECISIONS   OF   THE    SUPREME    COURT,  AND    EXPLANATORY   NOTES. 


[ALL  PARTS  OF  LAWS  PRINTED  IN  ITALICS  HAVE  BEEN 
ADDED  BY  AMENDMENT.] 


SECTION  1.  There  shall  be  established  and  maintained^,  chap.25. 

System. 

in  this  State  a  uniform  system  of  public  schools. 

SEC.  2.    (1)   The  public  school  system  shall  be  adminis-  IST&   chap.  25. 
tered  by  the  following  authorities,  to  wit  :  A  State  Superin- 
tendent, County  Superintendents,  and  District  Directors. 

(2)   The  public  schools  already  established  in  any  of  tho  ^3'52Chap'  85' 
counties  of  this  State  shall  continue  to  be  managed  and 


pvous 

conducted  as  now  prescribed  by  law  until  the  school  officers  to 
hereby  created  shall  have  been  duly  elected  or  appointed 
and  qualified  ;  and  the  provisions  of  this  act  shall  not  apply 
to  them  until  a  County  Superintendent  of  Public  Schools 
shall  have  been  appointed. 

STATE  SUPERINTENDENT. 

SEC.  3.    The  State  Superintendent  shall  be  a  person  of  QuaiiflcSn?  ' 
literary  and  scientific  attainments,  and  of  skill  and  expe-°n  tended  fupsee 
rience  in  the  art  of  teaching,  and  who  shall  be  nominated 
by  the  Governor  and  confirmed  by  the  Senate. 

SEC.  4.    (1)  He  shall  hold  his  office  for  two  years,  unless  ^n  ^Jjj.f5' 
removed  as  hereinafter  provided,  and  shall  have  an  annual  J£j  COI»Peusa- 
salary  of  $2,000,  -to  be  paid  out  of  the  school  money  in 
the  State  Treasury  ;  and  during  the  term  of  office  he  shall 
devote  his  entire  time  and  attention  to  the  duties  imposed 
by  this  act. 

(2)    The  State  Superintendent  of  Public  Instruction  of  ^mbecrh07  25< 
Tennessee,  shall  be,  ex  officio,  a  member  of  the  State  Board  state  Board- 
of  Education. 


380089 


TH£    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


He  shall  also  be  a  member,  ex  officio,  of  all  other 
State  educational  bodies  or  associations. 

(By^Chap.  343,  page  788,  Acts  1899,  the  State  Superintendent  is 
made  Secretary  and  Treasurer  of  the  State  Board  of  Education, 
and  Treasurer  of  the  Peabody  Normal  College  fund.) 

1873.  chap.  25.      SEC.  5.  He  shall  be  liable  to  removal  from  office  by  the 

How  removed.  f  J 

Governor  for  misconduct  or  neglect  of  duty;  any  vacancy 
to  be  supplied  by  a  new  appointment  for  the  unexpired 
term;  Provided,  That,  in  the  event  of  any  such  removal, 
the  reason  for  the  same  shall  be  communicated,  .in  writing, 
to  the  Superintendent  thus  displaced,  and  also  to  the  Sen- 
ate, if  in  session,  and,  if  not,  within  ten  days  after  it  may 
next  meet. 
IBIS.  chap.  25.  SEC.  6.  The  office  of  the  State  Superintendent  shall  be 

Office  at  Capi- 

at  the  capital  of  the  State,  and  a  room  in  the  State  Capitol 
may  be  provided  for  that  purpose. 

DUTIES  OF  STATE  SUPERINTENDENT. 

1873.  chap.  25.      SEC.  7.   The  duties  of  the  Superintendent  shall  be  as 

follows  : 
statistics,  etc.        (1)   To   collect  and   disseminate   statistical   and   other 

information  relating  to  the  public  schools. 
inspection.  (2)    To  make  tours   of   inspection   among   the   public 

schools  throughout  the  State. 
See  that  laws         (  3  )   To  see  that  the  school  laws  and  regulations  are 

are  executed.       ».-,/.•,! 

faithfully  executed. 

Distribute  (4)  To  prepare  and  distribute  blank'  forms  for  all  re- 

turns required  by  law,  or  deemed  by  him  necessary  to  be 
made  by  teachers,  school  officers,  and  County  Superintend- 
ents of  Public  Schools,  for  the  use  of  the  several  counties. 

Distribute  (5)   To  have  printed   and   distributed  to  the   County 

school  laws. 

Superintendents  and  other  school  officers  as  many  copies 
of  the  school  laws  as  may  be  necessary,  with  appropriate 
forms  and  instructions  for  carrying  said  laws  into  execu- 
tion. 

ine?sint  exam"      (6)   To  appoint,  at  his  discretion,  persons  in  each  county 
to  visit   and   examine   all   or   any   of  the  public   schools 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  5 

therein,  and  report  to  him  touching  all  such  matters  as  he 
may  indicate  respecting  their  condition  and  management, 
and  the  means  of  improving  them;  but  no  compensation 
shall  be  made  for  such  services. 

(7)  To   require   of   County   Superintendents   detailed  |jjrqt™re  re- 
reports  annually,  and  as  much  oftener  as  he  may  deem 
proper;  and  he  may  require  special  reports  at  any  time 

of  any  officer  connected  with  the  school  system. 

(8)  To  appoint  some  one  to  make  the  reports  required  ^°^ ^J^' 
to   be  made  by  the   County    Superintendent  when  such  reP°rts- 
Superintendent  shall  fail  to  make  full  report  at  Ihe  time 
designated,   and  to   allow   such   appointee  what  he  may 

deem  just  for  his  services,  which  shall  be  paid  by  the 
delinquent  County  Superintendent;  and  upon  his  refusal 
to  do  so,  the  State  Superintendent  shall  stop,  in  the  hands 
of  the  County  Trustee,  that  amount  of  his  salary,  or  bring 
suit,  in  his  official  name,  against  him  in  a  court  of  compe- 
tent jurisdiction,  to  enforce  the  payment. 

(9)  To  prescribe  the  mode  of  examining  and  licensing  License  of 
school  teachers,  and  their  necessary  qualifications. 

(10)  To  preserve  in  his  office  and  conveniently  arrange  £reens*srve  docu" 
all  documents  and  matters  in  relation  to  educational  sub- 
jects that  may  come  into  it. 

(11)  To  report  to  the  Comptroller  of  the  State,  on  the  Report  scho- 

lastic popula- 
first  day  of  December  in  each  year,  the  scholastic  popula- tion- 

tion  of  each  county. 

(12)  To  annually  submit  to  the  Governor,  on  or  before  Annual  report, 
the  fifteenth  day  of  September,  a  detailed  report  of  his 

official  proceedings  for  the  year  ending  the  thirtieth  day 
of  June  preceding ,  exhibiting  a  plain  statistical  account  of 
receipts  and  expenditures  for  public  schools,  and  of  their 
condition  and  progress,  showing  the  number  of  children, 
male  and  female,  white  and  colored,  respectively,  in  the 
State  and  in  each  county,  between  the  ages  of  six  and 
eighteen  years,  the  total  number  of  pupils  enrolled,  the 
average  number  belonging,  and  the  per  cent,  of  attendance 


THE    PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 

» 

during  the  year,  the  average  paid  to  teachers,  male  and 
female,  the  amount  of  each  branch  of  school  expenditures, 
severally,  the  cost  of  education  per  scholar,  and  whatever 
else  may  tend  to  show  the  degree  of  success  and  usefulness 
of  the  system ;  Provided,  however,  That  under  the  provis- 
ions of  this  act  all  persons  between  the  ages  of  eighteen  and 
twenty-one,  inclusive,  shall  have  the  benefit  of  this  act 
for  the  term  of  three  years  from  and  after  the  first  organ- 
ization, of  public  schools  under  this  act,  in  the  school 
district  in  which  such  persons  may  live.  (This  section 
has  been  amended  so  that  the  school  age  is  from  six  to 
twenty-one  years  inclusive.) 

NOTE.— By  the  act  of  1873  the  scholastic  year  ended  August  31.    It  was  made  to 
end  June  30  of  each  year  by  act  of  1881.    Chap.  103,  Sec.  1. 

1891.  chap.  138,  (13)  It  shall  be  the  duty  of  the  State  Superintendent 
to  have  printed  and  distributed  to  the  school  officers  of 
the  State,  and  to  the  County  Courts  of  the  several  coun- 
t-eg  appr0priate  forms  and  instructions  for  carrying  into 
effect  the  provisions  of  this  act. 

COUNTY    SUPERINTENDENTS. 

1873.  chap.  25,      SEC.  8.  (1)  There  shall  be  a  County  Superintendent  for 

How  elected.  ^     '  «/          r 

each  county,  who  shall  be  elected  by  the  County  Court  at 
its  April  or  July  term.  1873,  and  after  1874  he  shall  be 
elected  biennially  in  January,  and  no  member  of  the 

Qualifications.  County  Court  shall  be  eligible  to  said  office.  He  shall  be 
a  person  of  literary  and  scientific  attainments,  and,  when 
practicable,  of  skill  and  experience  in  the  art  of  teaching; 
shall  hold  his  office  for  two  years,  and  shall  receive  such 
pay  for  his  services  as  may  be  allowed  him  by  the  County 
Court,  to  be  paid  upon  the  order  of  the  Chairman  or 
Judge  of  the  County  Court  by  the  County  Trustee.  He 

Removal.  shall  be  subject  to  removal  from  office  for  misbehavior  or 
inefficiency  at  any  time  by  the  County  Court;  Provided, 
That  the  causes  for  such  removal  shall  be  communicated 
to  him  in  writing. 


THE    PUBLIC   SCHOOL   LAWS    OF    TENNESSEE.  7 

(This  section  is  amended  so  as  to  read:  Said  County 
Superintendent  shall  be  a  person  of  literary  and  scientific 
attainments,  and  of  skill  in  the  theory  and  practice  of 
teaching;  Provided,  That  preceding  each  biennial  election, 
or  any  election  to  fill  a  vacancy  for  County  Superintendent  Examinations, 
of  Schools,  each  applicant  shall  file  with  the  Chairman  of 
the  County  Court  a  certificate  of  qualification,  given  by 
the  State  Board  of  Education ;  Provided,  That  on  the  first 
Monday  in  October  preceding  each  biennial  election  for 
County  Superintendent  of  Schools,  and  at  any  other  date 
or  dates  fixed  by  the  State  Board  of  Education,  each  appli- 
cant for  said  office  shall,  undergo  a  public  examination  at 
the  county  site  of  the  county  in  which  he  or  she  is  an  ap- 
plicant, by  and  before  a  commission  of  three  residents  of 
tho  county,  said  commission  to  be  previously  appointed 
by  the  Chairman  of  the  County  Court,  and  to  be  citizens 
who,  by  education  and  experience,  are  most  eminently 
qualified  to  hold  said  examination,  the  same  to  be  held 
under  such  rules  and  regulations  as  may  be  prescribed  by 
the  State  Board  of  Education ;  Provided,  That,  if  qualified 
as  attested  by  said  examination,  said  applicant  shall  re- 
ceive a  certificate  of  qualification  by  the  State  Board  of 
Education.  1895,  Chap.  54.) 

Provided  further,  That  those  who  have  been  previously 
examined  or  may  hereafter  be  examined  under  the  regula-  Amended  by 
tions  of  the  State  Board  of  Education,  and  having  at- 1899. 
tained  90  per  cent,  in  general  average,  and  not  falling  be- 
low 70  per  cent,  in  any  study,  shall  be  exempt  from  said 
examination  so  long  as  they  continue  in  the  public  school 
work. 

(2)  In  the  election  of  County  Superintendent  of  Bd 
cation,  women  of  the  age  of  twenty-one  years,  and  other-  ble 
wise  possessing  the  necessary  qualifications,  shall  be  eligi- 
ble for  said  position. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


supervision. 


Text-books, 


Directors' 
reports. 


DUTIES    OF    COUNTY   SUPERINTENDENTS. 

1873.   chap.  25.      SEC.  9.   That  the  duties  of  the  County  Superintendent 
shall  be  as  follows  : 

(1)  To  have  supervision  of  the  public  schools  in  the 
county. 

(2)  ^°  ^i*  ^e  schools  of  the  several  districts  from 
time  to  time,  and  confer  with  the  teachers  and  District 
Directors  as  to  the  improvement  of  schools  or  the  promo- 
tion of  their  interest  in  any  way  ;  to  keep  himself  informed 
as   to   the   merits   of  text-books,  "and   to   suggest   to  the 
District  Directors  such  changes  as  may  from  time  to  time 
be  advisable,  with  a  view  to  securing  uniformity  in  the 
course  of  study  throughout  the  county,  when  it  can  bo 
done  without  increased  expense  to  the  parent. 

(3)  To  see  that  the  District  Directors  make  their  re- 
ports  on  all  matters  required  of  them  ;  and  when  they  fail 
to  make  full  reports,  or  to  make  them  in  time,  the  County 
Superintendent  may  appoint  some  other  person  to  perform 
these  duties. 

(4)  To  perform  such  duties  in  relation  to  the  exami- 

x     •  J 

nation  of  teachers,  and  issuing  to  them  certificates  of 
qualification,  as  may  be  required  of  him  by  the  State  Su- 
perintendent. 

^5)  To  report  to  the  Countv  Trustee,  as  soon  as  ascer- 
tained,  the  scholastic  population  of  each  school  district  on 
the  last  day  of  June. 

^)  ^°  °^serve  suc^  directions  and  regulations  as  the 
ea  State  Superintendent  of  Schools  may  from  time  to  time 
prescribe;  to  make  special  reports  to  that  officer  whenever 
required;  and,  on  or  before  the  first  day  of  August,  an- 
nually, to  make  to  him  a  report  for  the  year  ending  the 
thirtieth  day  of  June  preceding,  in  such  form  and  con- 
taining all  such  particulars  as  shall  be  prescribed  and 
called  for,  a  copy  of  said  report  to  be  furnished  to  the 
County  Court  of  his  county  at  its  quarterly  session  on  the 
first  Monday  in  January. 


TO  examine 

and  issue  cer- 


TO  renort  to 

Truslee. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  9 

(7)  To  keep  a  record  of  all  his  official  acts  in  a  book  to  T,ol^eP  record 

\     /  *  of  official  acts. 

be  provided  for  that  purpose,  and  to  keep  a  record  of  the 
numbers  and  boundaries  of  the  school  districts  of  his 
county,  and  the  changes  that  may  be  made  therein  from 
time  to  time. 

(8)  In  all  cases  where  the  District  Directors  of  the  warrants  to  be 

7  countersigned 

public  schools  issue  warrants  upon  the  County  Trustee  for  ^deat^11" 
school  apparatus,  maps,  charts,  globes,  school  furniture, 
and  all  other  expenditures  of  the  public  school  funds, 
except  for  teachers'  salaries,  the  warrants  drawn  by  said 
Directors  shall  be  countersigned  by  the  County  Superin- 
tendent before  the  same  shall  be  paid  by  the  County 
Trustee,  and  all  warrants  issued  7oy  said  Directors  for 
any  claim  shall  be  written  and  signed  in  ink. 

(9)  It  shall  be  the  duty  of  the  Countv  Superintendent  Superintend- 

ent to  keep  rec- 
to keep   a  well  bound  book,   in  which  he  shall  enter  a ord  book- 

memorandum  of  all  warrants  countersigned  as  provided 
in  the  last  subsection,  showing  the  amount  and  date  of 
each  warrant,  to  whom  issued,  for  what  purpose,  and 
from  which  district ;  and  said  County  Superintendent  shall 
include  in  his  annual  report  to  the  County  Court  a  full, 
clear,  and  succinct  statement  of  all  warrants  so  counter- 
signed by  him. 

SEC.   9a.   p(t)   County   Superintendents  of   Public  In- county  super- 

•i  •  •  IT  11    intendent  not 

struction  are  prohibited  from  teaching  any  public  school,  to  teach,  nor  to 

7  contract  as  to 

either  as  principal  or  assistant,  during  their  official  terms,  tch 
nor  take  [for  "nor  take"  should  have  been  used  "and  from 
taking"]  any  contract  for  building  or  repairing  public07 
school  property,  nor  become  [for  "nor  become"  should 
have  been  used  ''and  from  becoming'1]  the  owner  of 
school  warrant  other  than  allowed  him  for  his  services  as 
County  Superintendent;  Provided,  That  this  act  shall  only 
apply  to  counties  of  30,000  inhabitants  and  over. 

(2)   It  shall  be  a  misdemeanor  in  office  for  any  County  Teaching. 

0  .     .         i  ,  i  T  i        i  i          Misdemeanor 

Superintendent  to  tea^i  any  public  school,  as  principal  or  in  office,  and 

fine. 

Assistant,  during  his  office  [official]  term.     In  addition  to 


10  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  punishment  prescribed  by  statute  for  misdemeanors 
in  office,  such  Superintendent  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
offense  committed,  and  all  fines  arising  from  such  causes 
shall  be  paid  into  the  public  school  fund  of  the  county 
where  such  offense  is  committed.  (Id.,  Sec.  2.) 
1889.  chap.  247.  SEC.  10.  (1)  There  shall  ~be  elected  at  the  August  elec- 
directors.  tion,  in  the  year  1890,  two  School  Directors,  and  at  the 
regular  August  election  every  two  years  thereafter  there 
shall  be  elected  three  School  Directors  for  each  school 
district. 

(2)  There  shall  be  no  election  of  School  Directors  in  the 
years  1889,  1891,  or  other  odd  years.,  but  the  terms  of 
Directors  expiring  under  the  present  law  in  1889  shall  be 
extended  until  1892,  both  until  the  election  of  their  suc- 
cessors, as  provided  in  SECTION  1  OF  THIS  ACT. 
1873.  chap.  25.  SEC.  11.  Any  person  shall  be  eligible  to  the  office  of 

Eligibility. 

Director  who  is  qualified,  by  being  able  to  read  intelli- 
gently and  write  legibly,  to  perform  the  duties  required, 
and  who  is  a  resident  of  the  district;  if  he  shall  cease  to 
be  a  resident  thereof,  his  office  shall  be  deemed  vacant. 

1873.  chap.  25.  SEC.  12.  The  Directors  shall  be  elected  on  the  first 
Thursday  in  August,  by  the  qualified  voters  of  the  district. 

1873.   chap.  25.      SEC.  13.  The  election  shall  be  held  by  the  Sheriff  or 

Election,  how  .  ,  .  . 

held.  other  election  officers  under  the  same  laws  by  which  he  is 

governed  in  holding  other  elections. 

1873^  chap.  25.      SEC.  14.  The  person  receiving  the  highest  number  of 

declared.  votes  shall  be  declared  elected,  and  the  person  holding 
the  election  shall  certify  the  result  to  the  County  Super- 
intendent and  County  Court  Clerk,  and  shall  give  notice 
of  the  same  to  the  Directors  elected. 

1873.  chap.  25.  SEC.  15.  All  district  School  Commissioners  now  in  office 
shall  hold  their  offices  until  the  election  herein  provided 
for  shall  be  held  and  their  successors  elected  or  appointed 
and  qualified. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  11 

SEC.   16.  If,  from  any  cause,  Directors  shall  not  be  ^u'nty  sSper-' 
elected  on  the  first  Thursday  in  August,  the  County  Super-  ^e0nintnt  to 
intendent  shall  appoint  them  in  districts  failing  to  elect. 

SEC.  17.   When  a  vacancy  occurs  among  the  Directors  in  ISQI.  chap.  i4e, 
any  district  during  their  term  of  office,  the  County  Super-  vacancy. 
intendent  shall  fill  the  same  by  appointment,  upon  being 
notified  of  such  vacancy  by  the  remaining  Directors. 

SEC.  18.   The  School  Directors  of  each  district  shall  hold  ip.  chap  25. 

Meeting  of 


their  first  meeting  within  thirty  days  after  their  election, 
and  shall  appoint  one  of  their  number  Chairman,  and 
another  Clerk  and  Treasurer,  and  their  appointment  shall 
be  made  annually  thereafter. 

Acts  1899,  Chapter  218,  page  471  :  It  shall  be  the  duty 
of  the  commissioners  or  other  officers  of  elections  in  the 
various  counties  of  this  State  to  open  and  hold  elections 
in  the  various  school  districts  in  this  State  on  the  fourth 
Saturday  in  May,  1900,  and  biennially  thereafter,  for  the 
purpose  of  electing  three  School  Directors  for  each  school 
district;  Provided,  That  this  act  shall  not  apply  to  any 
county  in  this  Slate  where  school  districts  and  civil  dis- 
tricts are  co-extensive,  or  may  hereafter  be  made  so;  Pro- 
vided, This  act  shall  not  apply  to  incorporated  towns  which 
have  a  school  system  of  their  own;  Provided,  This  act 
shall  also  include  districts  composed  of  portions  of  differ- 
ent counties. 

Said  election  shall  be  held  and  governed  by  and  under 
the  laws  now  governing  general  elections,  except  thai 
these  elections  shall  be  held  at  the  school  houses  in  the  va- 
rious school  districts,  or  such  other  places  as  said  election 
officer  may  direct,  and  that  the  polls  shall  be  opened  at  one 
o'clock,  p.m.,  and  shaTl  be  closed  at  five  o'clock,  p.m.,  and 
the  officers  holding  said  elections  shall  not  receive  any  com- 
pensation therefor. 

SEC.  19.  No  Director  shall  be  a  teacher  in  the  public  JSTS-  cnap  25. 

Directors  not 

schools  of  his  district,  nor  take  any  contract  for  building 

a  schoolhouse  in  his  district,  nor  any  contract  which  this  warraut- 


12  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

Board  is  competent  to  make,  nor  become  the  owner  of  a 
school  warrant. 

DTTTIES  OF  DISTRICT  DIRECTORS. 

1873.   chap.  25.      SEC.   20.  The  duties  of   School  Directors  shall  be  as 

follows  : 

TO  enforce  (1)   To  explain  and  enforce  the  school  laws  arid  regula- 

schooiiaws.      tjonSj  ant[  themselves  to  observe  them. 
TO  visit  schools      (2)    To  visit  the  public  schools  within  the  district  from 

time  to  time,  and  see  that  they  are  conducted  according 

to  law  and  with  efficiency. 

TO  employ  and       (3)   To  employ  teachers,  and  to  dismiss  them  for  incom- 
ers™1 petency,  improper  conduct,  or  inattention  to  duty. 

TO  suspend  and      (4)   To  suspend  or  dismiss  pupils  when  the  prosperity 

or  efficiency  of  the  school  makes  it  necessary. 


TO  use  school          *      To  use  the  school  fund  apportioned  to  their  district, 
interest  15st      derived  from  donations  or  other  sources,  in  such  manner 

as  will  promote  the  interest   of  public  schools  in   their 

respective  districts. 
TO  take  census.      (6)   To  see  that  the  census  of  thekshildren,  required  by 

Section  7  of  this  act,  is  taken  in  the  proper  time  and  man- 

ner prescribed  by  this  act. 
TO  how  meet-        (7)   To  hold  regular  meetings  as  prescribed  by  them, 

and  special  meetings  when  called  by  the  Chairman  or  by 

any  one  of  the  members. 
TO  can  meet-         (8)   To  call  meetings  of  the  people  of  the  district  for 

ings  of  people. 

consultation  111  regard  to  the  school  interests  thereof. 
separate  (9)   To  keep  separate  and  apart  schools  for  white  and 

schools  for  col-       ,  '        ,       ,  .,  , 

ored  children.    coJorecl  children. 

Amended  by  acts  of  1901,  as  follows: 
SECTION  1.   Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  hereafter  it  shall  be  unlaw- 
ful for  any  school,  academy,  college,  or  other  place  of  learn- 
ing, to  allow  white  and  colored  persons  to  attend  the  same 
school,  academy,  college,  or  other  places  of  learning. 
SEC.  2.   That  it  shall  be  unlawful  for  any  teacher,  pro- 


THE    PUBLIC    SCHOOL   LAWS    OF   TENNESSEE.  13 

fessor  or  educator  in  this  State,  in  any  college,  academy 
or  school  of  learning,  to  allow  the  white  and  colored  races 
to  attend  the  same  school,  or  for  any  teacher  or  educator,  J^proiubued 
or  other  person,  to  instruct  or  teach  both  the  white  and  Ji5idrenCohfing 
colored  races  in  the  same  class,  school  or  college  building,  Sith«epubSc  or 
or  in  any  other  place  or  places  of  learning,  or  allow  or  pr 
permit  the  same  to  be  done  with  their  knowledge,  consent 
or  procurement. 

SEC.  3.  That  any  person  or  persons  violating  this  act 
or  any  of  its  provisions,  when  convicted,  shall  be  fined  for 
each  offense  fifty  dollars  .($50)  and  imprisoned  not  less 
than  thirty  days  nor  more  than  six  months,  at  the  discre- 
tion of  the  court. 

SEC.  4.  That  grand  juries  shall  have  inquisitorial  pow- 
ers of  all  violations  of  the  act,  and  the  same  to  be  given  in 
charge  by  Circuit  Court  Judges  to  the  grand  juries. 

SEC.  5.  That  this  act  take  effect  from  and  after  the  first 
day  of  September,  1901,  the  public  welfare  requiring  it. 

It  shall  be  unlawful  for  any  Board  of  Trustees  of  any  Teachers  pro- 

,  n .  ,        ,     ,..,,,        rf  "    hibited  from 

public  school  district  of  the  State  to  employ  anv  teacher,  teaching  chii- 

\  '  dren  of  another 

instructor  or  principal  m  said  school  unless  such  teacher, race- 
instructor,  or  principal  be  of  like  race  represented  by  said 
school. 

A  violation  of  this  act  shall  be  a  misdemeanor,  and  for  see  Acts  1901. 
each  offense  shall  be  punishable  by  fine  of  not  less  than 
fifty  dollars  arid  thirty  days  imprisonment. 

(10)  It  shall  be  the  duty  of  the  District  Directors  to 
draw  upon  the  County  Trustee,  in  favor  of  the  teachers  of 
their  districts.,  for  any  school  money  due  such  teachers  in 
the  hands  of  the  Trustee  for  distribution  in  their  districts, 
and  they  shatl  also  draw  their  warrants  upon  the  Trustees 
for  any  other  school  money  expended  properly  under  the 
law  for  other  purposes,  said  ivarrants  to  be  paid  by  the 
County  Trustee;  and  hereafter  it  shall  not  be  lawful  for 
the  Trustee  to  pay  any  school  money  over  to  the  Clerks  of 
District  Board  of  Directors,  but  he  shall  hold  the  same,  and 


14:  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

only  pay  it  out  as  provided  for  in  this  section  of  this  ad; 
and  it  shall  be  the  duty  of  the  Trustee  to  make  to  the 
County  Superintendent,  on  or  before  the  fifteenth  day  of 
July  of  each  year,  a  full  and  correct  report  of  the  amount 
of  money  received  by  him  for  school  purposes,  and  the  dis- 
bursements of  the  same. 
TO  manage  (11)  To  take  care  of,  manage,  and  control  public  school 

school  prop- 
erty, property  of  the  district. 

TO  report  to  (12)  ^°  reP°rt  an7  special  matter  required  by  the 
iCn°te£dentTr~  County  Superintendent  of  Schools,  and  report  to  him 
annually,  by  the  fifteenth  day  of  July,  down  to  the  thir- 
tieth day  of  June,  on  all  subjects  indicated  in  the  blank 
forms  supplied  for  the  purpose,  and,  until  that  report  be 
delivered,  the  Clerk  shall  not  be  allowed  to  draw  the  last 
installment  of  pay  for  his  services. 

CLEKKS. 

1873.  chap.  25.  SEC.  21.  The  duties  of  the  Clerk  of  the  District  shall  be 
as  follows: 

andtakthcensus      ^"^   Within  thirty  days  after  his  appointment,  and  an- 

statistics.  nually  thereafter,  in  the  month  of  July,  to  take  a  census  of 
all  persons  residing  in  the  school  district  between  the  ages 
of  six  and  twenty-one  years,  and  to  gather  the  statistics 
relating  to  education,  according  to  forms  furnished  by  the 
Superintendent  of  Public  Instruction. 

TO  keep  record  (2)  To  keep  an  accurate  record  of  all  proceedings  of 
the  Board  of  Directors,  and  especially  of  the  purpose  and 
amount  of  accounts  ordered  to  be  paid,  and  of  the  date  of 
their  being  audited. 

TO  act  as  secre-      (3)   To  act  as  secretary  of  all  school  meetings  of  the 

tary  and  keep  " -.  .  , 

cn strict;  to  keep  in  a  bound  volume  a  cash  account  and  a 
record  of  his  own  official  acts ;  and  to  keep  on  file  vouch- 
ers, contracts,  and  other  official  papers,  all  of  which  shall 
be  open  to  the  inspection  of  the  County  Superintendent 
of  Schools,  and  of  every  citizen  of  the  district,  and  shall 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  15 

be  subject  to  such  periodical  examinations   as  shall  be 
prescribed  by  the  County  Superintendent. 

(4)  To  discharge  such  other  duties  in  connection  with  other  duties- 
the  school  business  of  the  district  as  may  be  required  of 

him. 

(5)  The  Clerk  of  the  District  Directors  shall  not  re-  JSTO  .chap  129, 

v     '  Sec.  3. 

ceive  more  than  two  per  cent,  per  capita  for  his  services  in 
taking  the  census  of  the  children  in  his  district  between 
the  ages  of  six  and  twenty-one  years,  and  for  making  his 
report  thereof,  "and  other  reports"  to  the  County  Super- 
intendent and  County  Trustee,  which  sum  shall  be  paid  by 
the  County  Trustee  out  of  the  funds  due  said  district; 
Provided,  That  the  County  Superintendent  shall  not  draw  Fee  of  District 
any  order  in  favor  of  any  District  Clerk  who  fails  to  make 
his  report  of  the  scholastic  population  of  his  district  within 
the  time  prescribed  by  laAv;  and  said  two  cents  per  capita 
shall  be  in  full  compensation  for  all  his  services  as  such 
clerk  for  one  year. 

SCHOOL    DISTRICTS.         , 

SEC.  22.  (1)  The  school  districts  shall  be  as  they  now 
are,  or  as  they  may  be  hereafter  established  under  the 
provisions  of  this  act.  They  shall  be  numbered  by  the 
County  Superintendent,  and  designated  as  "School  Dis- 
trict No.  — ,  in  the  county  of  -  — ,"  by  which  name  it  may 
sue  and  be  sued,  contract  and  be  contracted  with,  and 
take,  hold,  and  convey  property. 

(2)  The  several  County  Courts  of  this  State  be,  and  issu  ohap 
they  are  hereby,  authorized  and  empowered  to  lay  off  and 
create  new  school  districts  in  their  respective  counties 
whenever  the  same  shall  be  necessary,  and  to  change  or 
establish  the  lines  between  existing  districts  whenever 
the  same  shall  be  to  the  interest  of  the  public  schools  of 
the  county ;  Provided,  The  same  shall  be  done  only  at  the 
July  term  of  the  court,  written  notice  of  the  same  having 


16  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

been  read  at  some  previous  term  of  the  quarterly  court. 
(1897,  Chap.  83;  House.  Bill  57.) 

s«c9'6Chap'  129)       (^   ^e  District  Directors  are  hereby  authorized  to 

subdivide  school  districts. 
1879.  chap.  77.       (4)   Persons  living  on  each  side  of  a  countv  line,  and 

Joint  school 

districts.  not  convenient  to  a  public  school  in  their  respective  dis- 
tricts or  counties,  may  form  themselves  into  a  school  dis- 
trict jointly,  the  children  of  each  county  drawing  their 
respective  pro  rata  of  public  school  money;  Provided, 
That  the  School  Directors  of  the  school  districts  adjoining 
said  county  line  mav  agree  as  to  the  number  of  scholars 
taken  from  each  county  to  form  said  district. 

(4:a)  That  school  districts  adjacent  to  incorporated 
towns  are  authorized  to  purchase  property  inside  the  corpo- 
rate limits  of  such  town  and  erect  thereon  school  houses, 
which  shall  be  under  the  exclusive  control  of  the  direc- 
tors of  such  school  district,  for  the  use  and  convenience 
of  the  school  children  in  such  school  district. 

GENERAL  RULES  FOR  OFFICERS  OF  SCHOOLS. 

1873.  chap.  25.      SEC.    23.      ~No    State   nor   Countv    Superintendent   of 

School  teachers 

Schools,  nor  School  Directors,  nor  any  other  officer,  nor 


agents.  anv  teacher  of  the  public  schools,  shall  have  any  pecuniary 

interest,  directly  or  indirectly,  in  supplying  books,  maps, 
school  furniture  and  apparatus  to  the  public  schools  of  the 
State,  nor  shall  act  as  agent  for  any  author,  publisher, 
bookseller,  or  defaler  in  any  such  school  furniture  or  ap- 
paratus, or,  directly  or  indirectly,  receive  any  gift,  emolu- 
ment, reward  or  promise  of  reward,  for  his  influence  in 
recommending  or  procuring  the  use  of  any  book,  map,  or 

Penalty.  school  apparatus,  or  furniture  of  any  kind,  in  any  public 
school  of  this  State  ;  and  any  school  officer  or  teacher  who 
shall  violate  this  provision,  besides  being  removed  from  his 
post,  shall  be  subject  to  a  penalty  of  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars,  and  shall  be 
guilty  of  misdemeanor;  Provided,  Thai  nothing  in  this 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  17 

section  shall  be  construed,  so  as  to  include  authors  of  books 
and  maps  (Acts  1899). 

SEC.   24.  All  school  officers   going  out  of  office  shall  ^j 
deliver   to   their   successors   the    records    and    all   official 
papers  belonging  to  the  office.     In  case  of  the  refusal  of  n 
any  officer  to  do  so,  on  demand  of  his  successor,  he  shall 
forfeit  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars  therefor;  and  a  like  penalty  for  each  month 
during  which  he  shall  persist  in  withholding  the  same, 
and  shall  be  guilty  of  a  misdemeanor. 

SEC.  2o.  All  penalties  and  forfeitures  imposed  by  this  | 
act  upon  a  County  Superintendent  of  Schools  shall  be  for 
the  benefit  of  the  public  schools  of  the  county;  and  all01 
penalties  imposed  upon  School  Directors  or  other  district 
school  officers,  or  upon  teachers,  shall  be  for  the  benefit 
of  the  public  schools  of  the  district  where  the  offense  is 
committed.  The  suit  for  such  penalties  shall  be  in  the 
official  name  of  the  State  Superintendent.  And  if  prose- 
cuted in  a  court  of  record,  it  shall  be  the  duty  of  the 
District  Attorney  to  conduct  the  same.  It  shall  also  be 
the  duty  of  the  District  Attorney,  and  any  school  officer 
of  the  county,  or  of  any  school  district,  as  the  case  may 
be,  to  set  such  prosecution  on  foot;  Provided,  That  if  a 
penalty  shall  be  inflicted  for  any  such  offense,  in  pursuance 
of  this  act,  the  party  shall  not  be  a  sdcond  time  subject 
to  a  penalty  therefor. 

SCHOOL  TEACHERS. 

SEC.  26.   No  teacher  of  public  schools  shall  be  employed,  ISTS.   cimp.  25. 

*        '  Teacher  must 

or  receive  any  pay  from  the  public  funds,  unless  he  or  she 
have  a  certificate  of  qualification  given  to  him  or  her  byployed 
the  County  Superintendent  for  the  county  within  which  he 
or  she  is  employed.  No  such  payment  shall  be  allowed, 
if  made,  and  any  officer  who  shall  make  or  sanction  it 
shall  also  be  subject  to  a  penalty  of  not  less  than  five  nor 
2* 


18  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

re  ore  than  fifty  dollars  :  and  for  like  services  of  male  and 
fornale  teachers,  like  salaries  shall  be  paid. 
1873.  chap.  25.      SEC.  27.  Every  teacher  in  a  public  school  shall  keep  a 

Teacher  to 


keep  register     dsilv  register  of  facts  pertaining  to  his  or  her  school,  in 

and  deliver  to  "          °  *  C* 

such  form,  as  the  school  regulations  shall  require,  and 
shall  be  responsible  for  the  safe-keeping  and  delivery  of 
the  same  to  the  clerk  of  the  school  district  at  the  close  of 
the  school  term,  or  of  the  period  of  his  or  her  services, 
whichever  shall  first  happen. 
1873.  chap.  25.  SEC.  28.  Written  contracts  shall  be  made  with  all  public 

Written  eon-  111  r> 

tracts.  school  teachers,  at  fixed  rates  per  month,  before  they  enter 

upon  their  duties,  in  a  form  prescribed  by  the  school  reg- 
ulations; such  contracts  shall  be  signed  in  duplicate,  each 
party  holding  a  copy. 

1873.  chap.  25.      SEC.  29.  Any  teacher  of  a  public  school  mav,  for  suffi- 

May  suspend          .  *"•».-  i  " 

pupils.  cient  cause,  suspend  pupils  from  attendance  on  the  school 

until  the  case  is  decided  by  the  Board  of  School  Directors, 
which  shall  be  with  as  little  delay  as  possible. 

SCHOOLS,   AND   PUPILS   WHO   MAY   ATTEND    SCHOOLS. 

1873.  chap.  25.      SEC.  30.  The  public  schools  shall  be  free  to  all  persons 

School   attend-  -\  -,  /»       .  -,      .  .  -i  . 

between  the  ages  of  six  and  twenty-one  years  residing 


within  the  school  district,  and  in  special  cases  those  chil- 
dren residing  in  different  districts  may  be  educated  in 
school  under  such  regulations  as  may  be  prescribed  by  the 
Directors  of  the  district  interested  ;  Provided,  That  white 
and  colored  persons  shall  not  be  taught  in  the  same  school, 
but  in  separate  schools,  under  the  same  general  regulations 
as  to  management,  usefulness,  and  efficiency. 

i89i  chap  132       SEC.  ^'  W  There  shall  be  two  classes  of  district  public 
It™  classes  of  schools,  designated  respectively  primary  schools  and  sec- 

ondary schools. 
primary  (2)   The  Directors  of  each  school  district  shall  establish 

schools.  ,  .  ,        -.  i 

and  maintain  therein  as  many  primary  schools  as  may  be 
necessary  to  teach  the  children  of  the  district;  but  they 
shall  have  due  regard  to  increasing  the  length  of  the 


THE  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE.  19 

school  term  for  the  benefit  of  the  district  by  limiting  the 
number  of  schools,  and  they  shall  not  waste  the  school 
funds  by  unnecessary  multiplication  of  schools.  In  every 
primary  school  shall  be  taught  Orthography,  Reading, 
Writing,  Arithmetic,  Grammar,  Geography,  History  of 
Tennessee,  [containing']  the  Constitution  of  Tennessee 
(Acts  1899),  and  History  of  the  United  States,  containing 
the  Constitution  of  the  United  States.  Vocal  Music  and 
Elocution,  or  the  art  of  public  speaking,  may  be  taught 
therein,  and  no  other  branches  shall  be  introduced,  except 
those  added  in  (4)  below. 

(3)  The  Directors  of  each  school  district,  whenever  the  Secondary 

schools. 

interests  of  the  district  shall  require  it,  may  establish  and 
maintain  therein  one  or  more  secondary  schools.  Every 
secondary  school  shall  consist  of  a  Principal,  and  when 
necessary,  an  assistant  or  assistants  may  be  employed. 
In  every  secondary  school  shall  be  taught  the  following 
branches:  Orthography,  Reading,  Writing.  Arithmetic, 
Grammar,  Geography,  History  of  Tennessee,  [containing"] 
the  Constitution  of  Tennessee  (Acts  1899),  History  of 
thfl  United  States,  containing  the  Constitution  of  the 
United  States,  Elementary  Geology  of  Tennessee,  Ele- 
mentary Principles  of  Agriculture,  Elements  of  Algebra, 
Elements  of  Plane  Geometry,  Elements  of  TsTatural  Philos- 
ophy, Bookkeeping,  Elementary  Physiology  and  Hygiene, 
Elements  of  Civil  Government,  and  Rhetoric  or  Higher 
English.  Practice  shall  be  given  in  Elocution,  or  the  art  of 
public  speaking.  Vocal  music  may  be  taught,  and  no 
ether  branches  shall  be  introduced,  except  those  included 
in  (4)  following. 

(4)  Amendment  taking  effect  January  1,  1896  (Acts  physiology  and 

-ioi\f     r^i  -»nrv\          T  i  T  ,  •  ^        i  '          i          •  1-1    hygiene,  effects 

1M)5,  Chap.  180)  :     In  addition  to  the  branches  in  which  of  alcoholic 

drinks,  narcot- 

instruction  is  now  given  in  the  public  schools  of  this  State,  icsandcigar- 

7  ette  smoking 

Physiology  and  Hygiene,  with  a  special  reference  to  the  be  tau«ht- 
nature   of   alcoholic   drinks   and  narcotics,    and   smoking 
cigarettes,  and  their  effects  upon  the  human  system,  shall 


20  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

d so  be  taught  as  thoroughly  as  other  required  branches, 
and  shall  be  made  a  regular  course  of  study  for  all  pupils 
in  all  schools  supported  entirely  or  in  part  by  public 
money. 

Teachers  re-          (5)   ~No  certificate  shall  be  granted  to  any  person  to 
a  knowledge  of  tench  in  the  public  schools  of  this  State  after  the  first  of 

such  branches. 

January,  1896,  who  has  not  passed  a  satisfactory  exami- 
nation in  Physiology  and  Hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks  and  narcotics,  and  cigar- 
ette smoking  upon  the  human  system. 

1879.  chap.  IST,       ((j)    The  Superintendent  of  Public  Instruction  of  this 

?o^exits-bookss  State,  and  Commissioner  of  Agriculture,  shall  be  consti- 

.    tuted  a  commission  to  procure  the  preparation  of,  or  the 

designation  of,  a  work  on  the  "Elementary  Principles  of 

Agriculture,'7  which  shall  be  taught  in  the  public  schools 

of  the  State,  as  are  the  other  studies  prescribed  in  the 

21st  [81st]  section  of  the  public  school  law.  Provided,  No 

moneys  are  to  be  paid  by  the  State,  or  out  of  the  school 

fund,  for  the  preparation  of  the  necessary  book. 

i89i.  chap.  133,      SEC.  32.  fl)  The  course  of  study  in  the  public  schools 

O6O.  — .  s  '- 

byhcouSnfyasn?  °^  eacn  county  shall  be  graded,  and  the  system  of  promot- 
ing pupils  through  the  several  grades  shall  be  prescribed 
by  the  County  Superintendent  thereof,  in  accordance  with 
the  general  regulations  of  the  State  Superintendent.  The 
course  of  study  in  the  primary  schools  shall  consist  of  five 
grades,  and  the  course  of  study  in  the.  secondary  schools 
shall  consist  of  eight  grades,  the  first  five  grades  in  each 
boinfr  identical. 

(2)  Pupils  completing  the  first  five  grades,  and  attain- 
i.Tig  proficiency  therein,  shall  receive  a  certificate  from  the 
State  Superintendent,  certifying  that  the  holder  has  com- 
pleted the  primary  school  course,  which  shall  be  counter- 
signed by  the  County  Superintendent  and  District  Direc- 
tors, and  the  teacher  or  the  teachers  of  the  school,  and 
shall  entitle  the  holder  to  enter  the  sixth  grade  of  the  sec- 
ondary school  of  any  school  district,  or  of  the  high  school 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  21 

of  any  high  school  district,  which  is  now  or  may  hereafter 
be  established,  and  in  which  the  holder  resides. 

(3)   Pupils  completing  the  eighth  grade  in  the  course  of  ^jJJJJn? 
the  secondary  schools,  and  obtaining  proficiency  therein,  aiytlsohoofs°nd~ 
shall  receive  a  diploma  from  the   State   Superintendent, 
which  shall  be  countersigned  by  the  County  Superintend- 
ent, and  by  the  District  Directors  and  by  the  teachers  of 
the  school,  and  which  shall  entitle  the  holder  to  enter  the 
ninth  grade  of  the  high  school  of  any  high  school  district 
which  is  now  or  may  hereafter  be  established,  and  in  which  - 
the  holder  resides. 

SEC.  33.   The  District  Directors  shall  have  the  power,  1873.   chap.  25 

'  Consolidated 

and  they  are  hereby  authorized,  to  make  contracts  of  schools. 
consolidation  with  the  trustees,  teachers,  or  other  author- 
ities of  academies,  seminaries,  colleges,  or  private  schools, 
by  which  the  public  schools  may  be  taught  in  such  insti- 
tutions ;  Provided,  That  the  branches  of  study  designated 
in  the  thirty-first  section  of  this  act  shall  be  taught  free 
of  any  charge  in  such  consolidated  schools;  And  provided 
further.,  That  the  authority  of  the  County  Superintendent, 
District  Directors,  and  other  school  officers,  over  those 
studying  such  branches,  shall  be  as  full  and  ample  as  in 
the  ordinary  public  schools.  (See  County  High  School 
Bill.) 

SCHOOL  FUNDS  AND  THEIR  DISTRIBUTION. 

SEC.  34.   The  permanent  school  fund  of  the  State  shall  ISTS.   Chap.  25 

School  fund. 

be  the  one  million  five  hundred  thousand  dollars,  ascer- 
tained and  declared  by  Section  9-16  of  the  Code,  and  recog- 
nized by  the  Constitution  of  the  State  to  be  the  permanent 
school  fund.  To  this  shall  be  added  the  interest  which 
has  accrued  on  the  same,  and  not  been  paid  by  the  State, 
amounting,  on  the  first  of  January,  1873,  to  $1,012,500, 
making  this  entire  permanent  State  school  fund  $2,512,- 
500.  For  this  $2,512,500  a  certificate  of  indebtedness 
shall  be  issued,  signed  by  the  Governor,  under  the  great 
seal  of  the  State,  and  deposited  with  the  Comptroller  of  the 


22  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

Treasury,  and  which,  on  its  face,  shall  show  the  purpose 
for  which  it  was  issued ;  and  shall  provide  for  the  payment 

Escheats.  .,     .  ,  ,  „ 

of  the  interest  thereon  at  the  rate  of  six  per  centum,  pay- 
able semi-annually  on  the  first  day  of  July  and  the  first 
day  of  January  in  each  year,  commencing  on  the  first  day 
of  July,  18  73.  To  the  permanent  State  fund  may  be 
added,  from  time  to  time,  the  proceeds  of  all  escheated 
property,  of  all  property  accruing  to  the  State  by  forfeit- 
ure, of  all  lands  sold  and  bought  in  for  taxes,  of  the  per- 
sonal effects  of  intestates  having  no  kindred  entitled 
thereto  by  the  laws  of  distribution,  and  donations  made  to 
the  State  for  the  support  of  the  public  schools,  unless  other- 
wise directed  by  the  donors.  The  principal  of  the  said 
fund  shall  always  remain  unimpaired  and  entire,  and  the 
annual  income  arising  therefrom  shall  be,  and  is  hereby, 
dedicated  to  the  support  and  maintenance  of  the  public 
schools  of  the  State. 

1873.  chap.  25.  SEC.  35.  The  State  school  fund  for  the  annual  support 
of  public  schools  shall  be  the  annual  proceeds  of  the  per- 
manent State  school  fund — any  money  that  may  come  into 
the  State  Treasury  for  the  purpose  under  the  present  or 
future  laws  of  the  State,  and  any  money  that  may  come 
into  the  State  treasury  for  the  purpose  from  any  source 
whatever. 

1873.  chap.  25.  SEC.  36.  Every  male  inhabitant  in  the  State  subject 
thereto  shall  pay  a  poll-tax  of  one  dollar  for  the  support 
of  the  public  schools,  which  shall  be  collected  as  other  taxes 
are,  and  paid  over  to  the  County  Trustee  in  the  county 
where  collected,  and  distributed  therein  to  each  school  dis- 
trict according  to  scholastic  population. 

1873.  chap.  25.      SEC.  37.   The  State  school  tax  shall  be  collected  in  the 

how°coiiected.  same  manner  as  other  State  taxes,  but  when  the  collectors 
pay  over  to  the  Treasurer  of  the  State  the  money  collected 
by  them,  they  shall  designate  what  part  of  the  same  is  the 
proceeds  of  the  school  tax. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  23 

SEC.  38.  A  tax  of  one  and  one  half  mills  on  the  dollar 


shall  be,  and  is  hereby,  annually  assessed  upon  all  property  half  mills  tax- 
subject  to  taxation  for  the  support  of  the  public  schools, 
which  shall  be  collected  as  other  taxes  are,  and  paid  over 
to  the  County  Trustee  in  the  county  where  collected,  and 
distributed  therein  to  each  school  district  according  to 
scholastic  population. 

SEC.  39.  When  the  money  derived  from  the  school  fund  isra.  chap.  25. 

J  School  term  of 

and  taxes  imposed  by  the  State  on  the  counties  shall  not  five  months. 
be  sufficient  to  keep  up  a  public  school  for  five  months  in 
the  year  in  the  school  districts  in  the  county,  the  County  county  court 
Court  shall  levy  an  additional  tax  sufficient  for  this  pur-  complete  term 

i  -,  of  five  mouths. 

pose  or  shall  submit  the  proposition  to  a  vote  of  the  people, 
and  may  ]evy  a  tax  to  prolong  the  schools  beyond  the  five 
months,  said  tax  to  be  levied  on  all  property,  polls,  and 
privileges  liable  to  taxation,  but  shall  not  exceed  the  entire 
State  tax. 

SEC.  40.  Taxes  so  levied  by  the  county  shall  be!  col-  1873.  chap.  25. 

•*  Taxes;  how  col- 

lected in  the  same  manner  as  other  county  taxes,  and  shall 
be  paid  over  to  the  County  Trustee  for  distribution  among 
the  school  districts  of  the  county  according  to  their  scholas- 
tic population. 

SEC.  41.  All  school  money  coming  into  the  hands  of  the 
State  Treasurer  or  County  Trustee  shall  be  kept  separate  fr0m  oher 
and  apart  from  any  State  or  county  funds  in  their  hands.  m 

SEC.   42.  All  sums  of  monev  derived  from   State   or  ISTS.  chip.  25, 

"  Sec.  50. 

county  funds,  which  are  unexpended  in  any  year  in  any  surplus. 
public  school  district,  shall  not  go  into  the  hands  of  the 
County  Trustee  for  re-division  the  next  year,  but  shall  be 
credited  to  such  district,  and  be  added  to  the  amount  next 
apportioned  to  such  district. 

SEC.  43.  In  all  cases  where  school  money  has  been  col-  ISTS.  chap,  iss, 
lected  in  issues  of  the  Bank  of  Tennessee,  arid  burned,  it  Bank'of  Ten. 

nessee  issue. 

shall  be  the  duty  of  the  Comptroller  to  issue  his  separate 
warrant  for  each  year  to  the  County  Trustee  of  each 
county  for  the  amount  of  school  money  belonging  to  such 


24  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

county  for  each  year  so  burned,,  or  burned  as  aforesaid ; 
and  the  proceeds  of  said  warrants,  together  with  all  other 
school  funds  now  in  the  hands  of  County  Trustees,  Super- 
intendents, or  other  officers,  belonging  to  each  year,  shall  be 
applied,  under  the  direction  of  the  County  Judge  or  Chair- 
man of  the  County  Court,  first,  in  payment  of  all  just 
claims  accruing  in  said  year,  and  the  balance,  if  any, 
applied  in  payment  of  just  claims  next  in  time  of  accru- 
ing. 
1873.  chap.  25.  SEC.  44.  All  money  in  the  treasury  of  the  State  for  the 

School  money; 

uonedPP°r"  ailimal  support  oi  her  schools  on  the  first  Monday  of 
October  and  April  of  every  year,  shall  be  apportioned  by 
the  Comptroller  among  the  several  counties,  according  to 
their  scholastic  population,  as  reported  to  him  by  the  State 
Superintendent.  He  shall  give  immediate  notice  of  such 
apportionment  to  the  County  Trustee  of  each  county,  and 
shall  give  notice  in  some  newspaper  at  the  seat  of  govern- 
ment of  the  amount  apportioned  to  each  county.  He  shall 
issue  his  warrant  on  the  Treasurer  in  favor  of  the  County 
Trustee  of  each  county  for  the  amount  apportioned  to  such 
county,  and  transmit  the  warrant  to  such  Trustee. 

Trustees'  quar-      SEC.   44#.   The  County   Trustee  of  each  county  shall 

t*-rly  settle- 

fertbu!ionsd  di9  ma^e  quarterly  settlements  with  the  County  Judge  or 
Chairman  of  the  County  Court  of  all  school  funds  arising 
from  State  or  county  levies,  or  from  any  other  source  for 
school  purposes;  and  shall  also  make  with  said  County 
Judge  or  Chairman  of  the  County  Court  quarterly  dis- 
tribution of  the  school  moneys  in  his  hands,  and  shall 
report  the  same  to  the  County  Superintendent  and  to  the 
Directors  of  the  several  school  districts,  and  the  County 
Superintendent  of  Public  Instruction  for  the  county  shall 
be  present  at  each  quarterly  settlement  and  distribution  of 
the  school  fund,  and  shall  have  supervision  thereof.  (1897, 
Chap.  1,  Sec.  1:  House  Bill,  66.) 

Trustees' ar.nu-      SEC.  446.   Said  County  Trustee  shall  also  make  annual 

al  settlements,  Qf  faG  schoo\  fun(}  with  said   County   JlldgC   Or 


THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE.  25 

Chairman  of  the  County  Court  before  July  15th  of  each 
year,  for  the  school  year  ending  June  30th  previous ;  and 
in  said  settlement  said  Trustee  shall  be  charged  with  all 
tax  aggregates,  picked  up  taxes,  and  with  all  funds  which 
have  come  or  ought  to  come  into  his  hands  for  the  school 
purposes,  and  shall  be  credited  with  all  releases  granted 
by  the  County  Court,  with  his  lawful  commissions  [see 
Sec.  46,  and  notes],  and  with  all  amounts  lawfully  dis- 
bursed ;  and  the  County  Superintendent  of  Instruction 
shall  be  present  at  such  annual  settlement,  and  shall  have 
supervision  thereof. 

SEC.  44c.  It  shall  be  the  duty  of  the  County  Superin-  Quarterly  re- 

1  ^  .        ports  of  County 

tendent  to  make  quarterly  reports  to  the  State  bupenn-  superintend- 
tendent  on  or  before  the  15th  day  of  January,  April,  July, 
and  October  of  each  year,  setting  forth  an  account  of  the 
school  funds  derived  from  all  sources,  in  accordance  with 
the  forms  or  on  the  blanks  provided  by  the  State  Super- 
intendent. 

SEC.  44:d.  The  County  Trustee  shall,  on  or  before  July  Trustees' annu 
1 5th  of  each  year,  make   annual  reports  to  the  County  county  super- 

•7  intendents. 

Superintendent  for  the  school  year  ending  June  30th 
previous  in  accordance  with  the  forms  or  on  the  blanks 
provided  by  the  State  Superintendent;  and  said  annual 
report  shall  set  forth  an  account  for  all  moneys  received 
during  the  school  year,  under  the  heads  of  "Amount  on 
hand  at  beginning  of  school  year,"  "Gross  amount  re- 
ceived/7 "From  State,  County,  from  school  districts  and 
from  all  other  sources/'  and  an  account  of  all  moneys  ex- 
pended during  said  school  year,  under  the  heads  of  "Sal- 
aries of  teachers,"  "School  sites,  buildings,  and  repairs," 
"Furniture  and  fixtures,"  "Libraries,  maps,  charts,  and 
apparatus,"  "Paid  District  Clerks,"  "Paid  County  Super- 
intendents," "Eetained  as  fees  of  Trustee,"  "All  other 
expenses,"  and  "The  balance  on  hand  at  the  end  of  school 
year." 


26 


THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE. 


loss> 


same. 


Violation  of 
law,  misde- 


comptroller  to 


SEC.  44e.  Whenever  it  shall  appear  to  the  County  Sup- 
erintendent that  any  portion  of  the  school  fund  has  been  or 
is  in  danger  of  being  lost,  misappropriated,  or  in  any  way 
illegally  disposed  of  or  not  collected,  it  shall  be  the  duty 
of  said  County  Superintendent  to  report  the  same  to  the 
County  Court,  and  also  to  report  the  same  to  the  State 
Superintendent. 

SEC.  44/.  Whenever  it  shall  appear  to  the  State  Super- 
intendent, from  the  report  of  County  Superintendent  or 
from  other  information,  that  any  portion  of  the  school 
fund  has  been  lost,  misappropriated,  or  in  any  way 
illegally  disposed  of  or  not  collected,  it  shall  be  the  duty  of 
the  State  Superintendent,  and  he  shall  have  power2  to 
employ  a  resident  attorney  to  look  after  the  recovery  and 
collection  of  such  fund;  and  for  his  services  may  retain, 
out  of  moneys  actually  recovered  and  collected  by  him,  not 
exceeding  ten  per  cent,  thereof;  and  in  no  case  shall  said 
attorney  receive  any  pay  for  said  services  except  his  com- 
mission as  aforesaid,  retained  out  of  moneys  actually 
collected,  accounted  for,  and  paid  over  by  him  to  the  officer 
lawfully  entitled  to  receive  the  same. 

SEC.  44^r.  It  shall  be  a  misdemeanor  in  office,  punish- 
able by  fine,  for  any  County  Superintendent  or  County 
Trustee  to  fail  or  refuse  to  make  any  of  the  reports  pro- 
vided for  in  this  act,  and,  in  the  event  of  such  failure  or 
refusal,  it  shall  be  the  duty  of  the  officer  to  whom  such 
report  is  due,  unless  said  report  is  made  within  thirty  days 
after  the  date  fixed  by  law,  and  to  certify  said  failure  or 
refusal  to  the  Attorney-general  for  the  county  in  or  from 
which  said  failure  or  refusal  shall  have  occurred. 

SEC.  44/&.  It  shall  be  the  duty  of  the  Comptroller  of  the 
Treasury  to  certify  to  the  Chairman  or  County  Judge  of 
each  county  in  the  State  the  date  of  issuance  and  amount 
of  each  warrant  transmitted  to  the  County  Trustee  of  such 
county  in  the  semi-annual  disbursement  of  the  public 
school  fund  (Acts  1899). 


TEE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  27 


SEC.  45.  The  County  Trustee  shall  keep  separate  ac-  isrs.  chap.  25. 
counts  of  the  State  funds  and  the  county  funds,  showing  Trustees  as  to 

J  P  receipts  and 

whence  and  on  what  account  the  moneys  were  severally  ?niotnr(iyUtion  of 
derived,  and  by  what  order,  and  on  what  account,  and  to 
whom  they  were  distributed ;  and,  as  soon  as  said  moneys 
are  received,  he  shall  report  the  same  to  the  County  Super- 
intendent and  to  the  Directors  of  each  school  district. 

SEC.  46.  lie  shall  give  bond  for  the  faithful  perform-  ISTS.  chap.  25- 

.  Trustee's  bond- 

ance  of  his  duties,  with  surety,  to  be  approved  by  the 
County  Court  of  his  county,  in  double  the  amount  of  the 
money  that  may  come  into  his  hands,  and  his  compensation 
for  receiving  and  paying  over  to  the  rightful  authorities  all 
moneys  received  by  him  shall  be  six  per  centum  (6  per 
cent.)  on  all  sums  up  to  ten  thousand  dollars  ($10,000), 
and  four  per  centum  (4  per  cent.)  on  all  sums  above  ten 
thousand  dollars  ($10,000)  and  up  to  twenty  thousand 
dollars  ($20,000),  and  a  commission  of  two  per  centum  (2 
per  cent.)  on  all  sums  above  twenty  thousand  dollars 
($20,000)  ;  Provided,  That  in  computing  the  compensa- 
tion of  Trustees,  all  funds — State,  county,  school,  special, 
and  municipal — shall  be  taken  and  estimated  as  one,  and 
each  shall  pay  its  respective  portion  of  the  above  commis- 
sions on  all  sums  of  money  received  by  said  Trustee  for 
said  State,  county,  and  municipality,  respectively;  And 
provided  further,  That  at  the  time  of  the  settlement  with 
the  proper  officers  of  the  State,  county,  and  municipality, 
and  the  computation  of  his  commission  on  collections,  said 
Trustee  shall  furnish  said  officers,  respectively,  with  a 
certified  statement  from  the  Judge  or  Chairman  of  the 
County  Court  showing  the  amount  actually  collected  by 
him  and  paid  over  by  him  to  the  proper  State,  county,  or 
municipal  authorities,  respectively,  as  heretofore  pro- 
vided; Provided  further,  That  the  Trustee  shall  not  be 
entitled  to  any  commission  on  money  turned  over  to  him 
by  his  predecessor  in  office,  or  on  money  borrowed  for  the 


28  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

use  of  the  county  or  municipality  ;  And  provided  further, 

That  in  no  case  shall  his  compensation  exceed  four  thou- 

sand dollars  ($4,000)  for  the  collection  of  State,  county, 

and  municipal  taxes.     (Assessment  Act  of  1899.) 

i88i.  chap.  129,      SEC.  47.   It  shall  be  the  duty  of  County  Trustees  to  keep 

School  money    separate  and  apart  from  other  funds  the  tax  levied  and 

separate;  mis- 

collected  for  public  school  purposes  in  their  county;  and 


any  Trustee  who  converts  any  such  school  money  to  the 
discharge  of  any  account  charged  against  them  by  the 
State  or  county,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  $100,  and  im- 
prisonment at  the  discretion  of  the  courts,  and  shall  forfeit 
his  office. 

SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 

1873.   chap.  25,      SEC.   48.   ISTone  of  the  provisions  of  this  act  shall  be 

Sec.  51.  . 

Not  to  interfere  construed  so  as  to  interfere   with  the  schools  or  school 

with  cities  and 

towns.  systems    already   established    in    cities    and    incorporated 

towns,  or  conflict  with  the  chartered  rights  by  virtue  of 
which  funds  for  their  support  are  being  received,  raised, 
and  distributed,  or  to  limit  them  as  to  the  power  to  extend 
the  course  of  study,  it  being  intended  to  encourage  the 
establishment  of  public  high  schools,  when  the  population 
justifies  it,  as  a  means  of  perfecting  the  grading  and  ele- 
vating the  standard  of  scholarship.  But  all  such  schools 
shall  receive  their  pro  rata  share  of  moneys  received 
under  the  provisions  of  this  act,  according  to  their  scholas- 
tic population. 

i88i.  chap.  103,  SEC.  49.  That  all  the  rights  and  privileges  reserved  and 
andhtos\v°nscities  S^ven  to  G^es  an(l  incorporated  towns  by  Section  51  of 
said  act  (1873,  Chap.  25),  be,  and  the  same  are  hereby, 
extended  to  schools  and  school  systems  that  have  been 
established  by  cities  or  incorporated  towns  since  the  pas- 
sage of  said  act,  or  that  may  hereafter  be  established  by 
them. 


THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE.  29 

SEC.  50.   That  cities  and  incorporated  towns  in  which  ^88i.gchap.  103, 
have  been  established,  or  may  hereafter  establish,   such  ^tfoois  graded 
higher  graded  schools,  be,  and  the  same  are  hereby,  au- 
thorized and  empowered  to  supplement  the  school  fund 
derived   from    State    and   county   tax,   by   an   additional 
municipal  tax  or  levy,   for  the  support  of  said  schools; 
Provided,  however,,  That  no  incorporated  town  or  munici- 
pality shall  exceed  its  lawful  limit  of  taxation  in  making 
such  additional  levy. 

SEC.  51.    (1)   The  several  incorporated  cities  and  towns  isss.  Extra  ses- 
sion, Chap.  19. 

within  this  State  mav,  through  their  Boards  of  Mayor  and  Towns  may 

"  '  J  establish  rom- 

Aldermen,  establish  and  maintain,  within  their  respective 
corporate  limits,  a  system  of  high  graded  common  schools. 

(2)  For  this  purpose  the  said  Board  of  Mayor  and  Ere 

»  hou 

Aldermen  of  any  municipal  corporation  within  this  State 
may  procure  a  suitable  schoolhouse  or  houses,  either  by 
erection  or  purchase,  and,  in  making  such  erection  or 
purchase  of  such  house  or  houses,  and  furnishing  the 
same,  may  apply  the  common  school  fund  to  which  their 
respective  scholastic  populations  are  entitled  by  law. 

(3)  For   the   purpose   of   erecting,    or   causing   to   beLevyaddt- 
erected,  or  purchasing  such  school  buildings  or  houses,  and 
furnishing  the  same,  and  for  the  purpose  of  establishing 

and  maintaining  such  high  graded  common  public  schools, 
said  Board  of  Mayor  and  Aldermen  may  levy  and  collect 
an  additional  tax  to  that  imposed  by  or  under  the  general 
provisions  of  the  school  law  upon  all  taxable  polls,  privi- 
leges, and  property  within  the  corporate  limits ;  Provided, 
That  the  special  tax  levied  under  this  section,  and  the 
municipal  taxes  for  municipal  purposes,  shall  in  no  case 
exceed  the  rate  of  taxation  for  general  purposes  fixed  by 
charter  limitation. 

(4)  The  Board  of  Mavor  and  Aldermen  of  any  such  Board  of 

Education. 

municipal  corporation  so  establishing  public  schools  may, 
and  they  shall,  have  full  power  to  appoint  a  Board  of 
Education,  consisting  of  not  exceeding  six  qualified  citi- 


30  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

zens  residing  within  their  corporate  limits,  which  Board, 
when  so  appointed,  shall  have  full  power  as  trustees  or 
directors  to  manage  and  control  such  schools,  to  elect  or 
employ  well-qualified  teachers,  and  to  prescribe  all  needful 
rules  and  regulations;  and  said  Board  shall  hold  its  office 
as  follows:  Two  for  three  years,  two  for  two  years,  two 
for  one  year,  and,  after  the  first  year,  two  Commissioners 
shall  be  elected  each  year,  subject  to  removal  for  good 
cause  by  the  said  Board  of  Mayor  and  Aldermen. 

notsperm?tted  W  Nothing  in  this  act  shall  be  so  construed  as  to  allow 
or  permit  mixed  schools  of  the  white  and  colored  popula- 
tion, but  such  schooJs  shall  be  taught  separately,  as  now 
provided  by  law. 

Extracts  from       SEC.  52.  The  Board  of  Commissioners  (of  taxing  dis- 

Acts  1885,  Chap.       .  ...  nix-,-,-,-, 

82,  sec. 2.         tricts  of  the  second  class)  shall  have  power,  by  ordinance, 

Schools  in  tax- 
ing districts,     within  the  district,     ...     to  establish  and  maintain  a 

public  school  or  public  schools ;  or  said  Commissioners  may 
join  with  the  Public  School  Commissioners  of  the  civil 
district  in  which  said  taxing  district  is  located,  in  main- 
taining the  public  schools  located  within  the  limits  of  said 
taxing  district. 

BOARD  OF  EDUCATION  AND  NORMAL  SCHOOLS. 

1875.  chap.  90.      SEC.  54.   (1)   The  establishment  of  a  normal  school  or 

Normal  schools  Tin- 

schools  is  hereby  authorized  to  be  effected  by  the  Board 
of  Education  hereinafter  provided  for.  The  said  normal 
school  or  schools  shall  be  made  in  every  respect  first-class 
institutions  for  the  professional  education  of  teachers,  and 
the  most  approved  method  of  instruction  shall  be  adopted, 
and  none  but  teachers  experienced  and  skilled  shall  be 
employed  to  take  charge  of  them. 
Board  of  Edu-  (2)  Said  Board  of  Education  shall,  at  as  early  date  as 

cation. 

may  in  their  judgment  be  practicable,  locate  and  make 
arrangements  for  opening  such  normal  school  or  schools, 
furnishing  them,  adopting  a  course  of  study,  employing 
teachers  and  other  officers. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  31 


(3)  In  the  location  of  said  normal  school  or  schools,  the 
State  Board  of  Education  shall  give  preference  to  such 
locality,  accessible  to  all  parts  of  the  State,  as  shall  offer 
gratuitously  the  most  suitable  grounds  and  buildings  for 
the  establishment  of  the  same. 

(4)  Said  Board  of  Education  may  receive  contributions  Donations. 
of  money  from  the  Trustees  of  the  Peabody  Educational 
Fund,  or  donations  of  property  or  funds  from  any  other 
source,  for  the  benefit  of  this  enterprise,  which  they  shall 

in  good  faith  dispose  of  and  disburse  in  accordance  with 
the  conditions  of  the  donations. 

(5)  The  trustees  of  colleges,  universities,  or  educational  Trustees  of 

colleges. 

institutions  shall  have  the  power  to  give  the  use  of  their 
property  to  the  State  Board  of  Education  for  the  benefit 
of  normal  schools. 

(6)  E"o  pupil  shall  be  admitted  into  said  schools  who  is  ^ils[on  of 
under  sixteen  or  over  thirty  years  of  age,  and  who  shall 

not  have  undergone,  satisfactorily,  such  examination  as 
may  be  prescribed  by  the  State  Board  of  Education.  Thos'e 
already  engaged  in  teaching  may  enter  said  normal  school 
or  schools  as  pupils  upon  conditions  fixed  by  the  State 
Board  of  Education. 

(7)  Pupils  of  the  public  schools  may  be  recommended  Eligibility. 
for  admission  into  said  normal  school  or  schools  by  the 
County  Superintendent,  on  consultation  with  the  Directors 

of  the  school  districts  of  his  county,  and  in  cities  by  the 
Superintendent  of  Public  Schools;  and  such  pupils  so 
recommended,  and  who  pass  a  satisfactory  examination, 
shall  have  precedence  over  all  other  applicants. 

(8)  Diplomas  shall  be  granted  to  those  who  honorably  Diplomas. 
complete  the  course  of  study  prescribed  in  said  schools; 

and  possession  of  such  diploma  shall  exempt  the  holder 
thereof  from  the  examination  prescribed  as  a  condition 
precedent  to  employment  in  the  public  schools  of  the 
State,  any  such  graduate  being  eligible  as  a  teacher  in  any 
county  of  the  State. 


32  THE  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE. 


same  registers,  records,  and  reports  which  are 
prescribed  in  the  State  school  law  for  the  public  schools, 
or  which  may  be  ordered  by  the  State  Superintendent  of 
Public  Instruction,  shall  be  kept  by  the  officers  and  teach- 
ers of  said  normal  schools,  and  regular  reports  shall  be 
made  directly  to  the  State  Superintendent,  at  the  times 
and  in  the  manner  required  by  law  for  other  public  schools, 
or  at  such  other  time  as  he  may  require. 

™reedapuPiis  ( 10)  The  State  Board  of  Education  shall  keep  such  nor- 
mal schools  as  may  be  established  for  white  and  colored 
pupils  entirely  distinct  and  separate ;  Provided,  That  the 
provisions  therein  for  training  and  improvement  shall  be 
impartially  proportioned  to  the  demands  of  each. 

salaries.  (H)   The  salaries  of  principals,   teachers,   and  other 

officers  of  said  normal  schools,  and  all  other  expenditures, 
shall  be  determined  by  the  State  Board  of  Education,  and 
the  disbursements  shall  be  made  by  the  Treasurer  of  the 
Board,  upon  its  order. 

secretary  and  (12)  The  State  Superintendent  of  Public  Instruction 
shall  be  Secretary  and  Treasurer  of  the  State  Board  of 
Education,  and  as  such  shall  have  charge  and  general 
supervision  of  the  disbursement  of  all  moneys  hereafter 
appropriated  for  the  Peabody  Normal  College,  and  for  all 
normal  colleges  and  institute  funds.  He  shall  keep  in  his 
office  at  the  State  Capitol  a  record  of  all  money  appropri- 
ated for  said  normal  school  or  schools,  and  its  distribution, 
and  before  any  such  money  so  appropriated  shall  be  drawn 
from  the  Treasury,  he  shall  pass  upon  and  certify  to  the 
correctness  of  all  vouchers,  to  be  filed  with  the  Comptroller 
prior  to  the  issuance  of  his  warrant. 

SEC.  2.  The  State  Superintendent  of  Public  Instruc- 
tion, as  the  Secretary  and  Treasurer  of  the  Stale  Board 
of  Education,  shall  give  o  bond  in  the  sum  of  ten  thou- 
sand  dollars,  payable  to  the  State  of  Tennessee,  for  the 
faithful  performance  of  his  duty  as  such  Treasurer,  which 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  33 

bond  shall  be  approved  by  the  Governor  and  Attorney- 
general  (Acts  1899.) 

(13)  The  Governor  of  the  State  shall  appoint  a  State  I^^SfiT*  °f 
Board  of  Education,,  to  consist  of  six  members,  two  of 

whom  shall  be  appointed  for  six  years,  two  for  four  years, 
and  two  for  two  years :  and,  after  the  expiration  of  their 
first  terms  of  office^  their  successors  shall  be  appointed 
for  six  years.  The  Governor  of  the  State  shall  be  ex  officio  see  chap.  35, 

J  "  Acts  1891. 

a  member  and  President  of  said  Board.  The  State  Super- 
intendent shall  be  ex  officio  a  member,  Secretary  and 
Treasurer  of  the  Board. 

(14)  The  said  Board  of  Education  be,  and  the  same  is  issi.  chap.  154, 

v        '  '  Sec.  2. 

hereby,  authorized  to  expend,  annually  for  the  support  of 
said  Normal  College,  at  Nashville,  exclusively,  twenty 
thousand  dollars  ($20,000)  out  of  any  funds  in  the  State 
treasury  not  otherwise  appropriated,  to  be  paid  upon  the  $15,000  appro- 
order  of  said  Board  of  Education  upon  the  warrant  of  the 
Comptroller,  issued  in  favor  of  the  President  of  said  State 
Normal  College;  Provided,  That  the  Peabody  Board  of 
Trustees  shall  allow  to  the  State  thirty-three  scholarships  scholarships. 
of  one  hundred  dollars  ($100)  each  and  traveling  ex- 
penses, one  of  whom  shall  be  appointed  from  each  sena- 
torial district  in  the  State,  upon  and  after  such  competitive 
examinations  as  may  be  prescribed  by  the  State  Board  of 
Education,  to  be  held  in  the  several  counties  of  the  State. 

(15)  Three  thousand  three  hundred  dollars,  or  so  much  g^,1>4Chap' 154 
thereof  as  may  be  deemed  necessary,  shall  be  intrusted 

to  the  State  Board  of  Education  for  the  higher  and  normal 
education  of  the  children  of  Tennessee  of  African  descent, 
and  upon  the  order  of  said  Board  of  Education,  the  Comp- 
troller shall  issue  his  warrant  for  the  same  to  the  president 
or  financial  manager  of  approved  institutions  of  learning 
for  scholarships  for  the  benefit  of  such  of  the  aforesaid 
children  as  may  apply  therefor,  under  such  regulations  as 
may  be  prescribed  by  said  Board  of  Education,  which 


34  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

amount  shall  be  appropriated  out  of  the  State  treasury 
over  and  above  the  $20,000,  as  annually  to  be  used  by  the 
said  State  Normal  College;  it  being  intended  that  this 
shall  be  a  separate  fund,,  to  be  used  by  said  State  Board  of 
Education  to  defray  the  expense  of  two  colored  pupils 
from  each  senatorial  district  of  the  State  in  approved 
institutions  of  learning. 
1875.  chap.  90,  (16)  It  shall  be  the  duty  of  said  Board  of  Education 

Soc.  14. 

Report.  to    report,   through,   the    Superintendent,   to   the   regular 

meeting  of  the  General  Assembly,  the  operations  of  the 
board,  the  condition  and  progress  of  the  normal  schools, 
with  such  suggestions  as  they  may  deem  advisable  for  the 
improvement  of  normal  and  public  schools. 
255,  (IT)  The  State  Board  of  Education  shall,  at  proper 
>  inspect  the  management  of  the  State  Normal  Col- 
an(j  ail(;|jt  the  accounts  for  the  disbursement  of  the 
funds,  and  make  a  biennial  statement,  through  the  Gov- 
ernor, to  the  Legislature,  showing  its  condition  and  prog- 
ress, and  otherwise  guard  the  State's  interest  in  the  same. 

APPOINTMENT  OF  CADETS  TO  UNIVERSITY  OF  TENNESSEE. 

1879.  chap.  155.      SEC.  55.    (1)   In  order  to  secure  more  regularity  in  the 
appointment  of  State  cadets  in  the  University  of  Tennes- 


candidates.  .  .  . 

see  by  Senators  and  Representatives,  as  now  provided  by 
law,  and  to  secure  the  greater  usefulness  of  their  appoint- 
ment to  the  State  at  large,  it  shall  be  the  duty  of  the 
State  Superintendent,  in  the  month  of  May  in  each  year, 
to  issue  notice  to  the  County  and  City  Superintendents  of 
Schools  throughout  the  State,  requiring  them  to  hold  pub- 
lic examinations  of  candidates  for  such  appointments  in 
their  respective  counties  or  cities,  and  giving  full  and  uni- 
form directions  with  reference  to  the  subject  and  method 
of  such  examinations. 
Duties  of  (2)  It  shall  be  the  duty  of  the  County  and  City  Super- 

Count.y  and 

intendents,  on  the  receipt  of  such  directions,  to  give  due 
public  notice  thereof  for  not  less  than  ten  days,  and  in 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  35 

the  month  of  June  he  shall  proceed  to  hold  such  exami- 
nation or  examinations  as  may  be  necessary  in  his  county 
or  city,  engaging,  if  necessary,  the  assistance  of  suitable 
persons,  but  without  cost  to  the  State,  and  on  the  conclu- 
sion of  such  examination,  or  within  ten  days  thereafter, 
he  shall  transmit  a  list  of  the  qualified  candidates  in  their 
order  of  merit,  as  determined  by  the  examination,  to  the 
State  Superintendent  of  Public  Instruction,  who  shall 
keep  a  roll  of  the  names,  by  counties  and  cities,  in  his 
office. 

(3)  It  shall  be  the  duty  of  the  State  Superintendent,  on 
the  receipt  of  such  list  from  any  County  or  City  Superin- 
tendent,   to   communicate   the  same   to   the    Senators   or 
Representatives  thereof,  with  the  number  of  vacancies  in 
such  appointments  actually  existing  for  the  said  county 
or  city,  which  shall  be  ascertained  from  the  roll  of  the 
university,  and  the  said  Senators  and  Representatives  may 
then  proceed  to  make  their  appointments  from  the  said 
lists,  certifying  the  same  to  the  State  Superintendent,  who 
shall  keep  a  roll  thereof  in  his  office,  and  communicate 
the  same  to  the  president  of  the  university. 

(4)  If  in  any  county  or  city  the  list  of  qualified  candi-  surplus  candi- 
dates should  not  be  sufficient  for,  the  appointment  as  now 
authorized  by  law,  any  Senator  or  Representative  may 

make  his  appointment  from  any  other  county  or  city  in 
which  there  may  be  a  surplus  of  qualified  candidates,  after 
the  Senator  or  Representative,  or  Senators  and  Repre- 
sentatives thereof,  shall  have  completed  their  appoint- 
ments. 

(5)  If,  by  the  tenth  day  of  August,  there  shall  stffi' 
remain  vacancies  unfilled  by  Senators  or  Representatives, 
the  president  of  the  university  shall  be  authorized  to  fill 
the  same  from  the  list  of  qualified  candidates  up  to  the 
number  authorized  by  law ;  Provided,  That  such  appoint- 
ments by  the  president  shall  be  for  one  year  only,  and 
that  in  making  the  same,   preference  shall  be  given  to 


36  THE  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE. 

counties  and  cities  whose  quota  has  not  been  filled,  and 
in  the  several  counties  and  cities  to  those  persons  who 
stood  highest  in  the  order  of  merit. 
TO  hold  exami-      (6)   In  the  event  of  a  vacancy  occurring  in  any  of  the 

nations.  ., 

aioresaid  appointments  in  any  county  or  city  in  which  the 
list  of  the  qualified  candidates  has  been  exhausted,  it  shall 
be  the  duty  of  the  County  or  City  Superintendent,  on  the 
written  request  of  any  Senator  or  Representative  of  the 
said  county  or  city,  to  hold  such  examination  as  is  herein 
provided  for  such  applicant  or  applicants  as  may  be  recom- 
mended by  the  said  Senator  or  Kepresentative,  and  to 
proceed  therewith  in  the  form  and  manner  herein  pro- 
vided; Provided,  That  nothing  in  this  bill  shall  be  con- 
strued to  limit  or  abridge  the  right  of  appointment  by 
Senators  or  Representatives  as  now  authorized  by  law. 

AN   ACT    TO    ENCOURAGE    TREE    PLANTING. 

1887.  chap.  172.  SEC.  56.  It  shall  be  the  duty  of  the  County  Superin- 
tendent of  Public  Schools  of  each  county  to  set  apart 
some  day  in  November  in  each  year  as  "Arbor  Day"  in  all 
the  public  schools  of  the  county,  that  trees  may  be  planted 
around  the  buildings,  that  the  grounds  around  such  build- 
ings may  be  improved  and  beautified ;  such  planting  to  be 
attended  with  appropriate  and  attractive  ceremonies,  that 
the  day  may  be  one  of  pleasure  as  well  as  of  instruction  for 
the  young;  all  to  be  under  the  supervision  and  direction 
of  the  teacher,  who  shall  see  that  the  trees  are  properly 
selected  and  set. 


county  super-        SENATE  BILL  No.  491  was  enacted  into  law  by  the 

inor?zedntoapuur- Legislature  and  approved  by  the  Governor,  April  22,  1901. 

Allison's knh    This  law  authorizes  the  County  Superintendent  of  Public 

Instruction  to  purchase  from  Col.  Jno.  Allison  a  sufficient 

number  of  the  Twentieth  Century  Maps  of  Tennessee  to 

supply  the  schools  of  the  various  counties  at  a  price  not  to 

exceed  one  dollar  ($1)  per  each  map  so  purchased. 


County  High  School  Law. 


SECTION   1.  Whenever  it  shall  appear  to  the  County  county  high 

x  x  .'•''.       schools  may  be 

Court  of  any  county  that  the  public  interest  requires  it.  established. 
said  Court  shall  have  power  to  provide  for  establishing 
and  maintaining  one  or  more  county  high  schools  for  the 
instruction  of  the  children  of  the  county;  the  said  high 
school  or  schools  to  be  managed  as  hereinafter  provided. 

SEC.  2.  The  said  Court  for  the  purpose  aforesaid  shall  Tax- 
have  power  to  levy  special  taxes,  in  addition  to  other 
taxes,  for  school  purposes,  not  to  exceed  fifteen  cents  on 
the  one  hundred  dollars  on  all  taxable  property,  to  be 
levied  and  collected  as  other  county  taxes;  and  the  said 
court  shall  also  have  power,  for  the  purpose  aforesaid,  to 
make  appropriations  out  of  any  county  funds  not  other- 
wise appropriated,  except  out  of  the  public  school  funds; 
and  the  funds  arising  from  the  taxes  levied  for  the  pur- 
pose, and  for  the  appropriation  made  for  the  purpose, 
shall  constitute  a  special  fund  to  be  known  as  the  County 
High  School  Fund,  which  shall  be  kept  by  the  County 
Trustee  separate  and  apart  from  all  other  funds,  and  ap-' 
plied  exclusively  to  the  purpose  aforesaid. 

SEC.  3.  The  management  and  control  of  the  county  county  Board 
high  school  or  schools  shall  be  vested  in  the  County  Board 
of  Education,  which  shall  consist  of  seven  members,  six  of 
whom  shall  be  elected  by  the  County  Court  as  soon  as  the 
Court  shall  have  decided  to  provide  for  establishing  a 
county  high  school  or  schools,  two  of  whom  shall  be  elected 
to  serve  until  the  following  January  term  of  the  Court,  two 
to  serve  until  the  second  January  term  following  their  elec- 
tion, and  two  to  serve  until  the  third  January  following 
their  election ;  at  the  expiration  of  the  terms  of  the  several 

(37) 


38  THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE. 

members,  their  successors  shall  be  elected  at  the  respective 
January  terms  of  the  Court,  to  serve  three  years.  Not 
more  than  one  member  of  the  board  shall  be  elected  from 
the  same  school  district,  and  the  members  shall  be  dis- 
tributed through  the  different  localities  of  the  county  as 
the  Court  shall  deem  equitable.  The  Court  shall  fill  all 
vacancies  for  'unexpired  terms  at  the  quarterly  term  of 
the  Court  after  the  vacancy  occurs,  or  as  soon  thereafter 
as  possible.  The  County  Superintendent  shall  be  ex  officio 
a  member  of  the  Board  of  Education  and  Secretary  there- 
of, and  may  receive  such  compensation  for  his  services  as 
Secretary  as  the  Board  shall  allow,  in  addition  to  his  salary 
as  County  Superintendent. 

Sf^htTlrades.  SEC.  4>  ^-n  everj  county  high  school  shall  be  taught  all 
the  branches  of  study  now  required  or  permitted  by  law 
to  be  taught  in  the  secondary  schools,  excepting  and  ex- 
cluding the  branches  named  to  be  taught  in  the  five  grades 
of  the  primary  schools;  and  in  addition  such  other  high 
school  branches  may  be  taught  as  the  Board  of  Educa- 
tion may  prescribe  as  necessary  to  prepare  pupils  for 
college  or  for  business.  The  county  high  schools  shall  be 
graded  by  the  Board  of  Education  under  the  general  regu- 
lations of  the  State  Superintendent  and  the  supervision 
of  the  County  Superintendent,  beginning  with  the  bixth 
grade,  which  sixth  grade  shall  be  adjusted  for  the  admis- 
sion of  pupils  who  have  completed  the  five  grades  of  the 
primary  schools. 

Three  teachers.  SEC.  5.  In  order  to  secure  efficient  instruction  for  the 
extensive  course  of  study,  the  Board  shall  employ  in  every 
county  high  school  not  less  than  three  teachers. 

SEC.  6.  The  county  high  school  or  schools  shall  be  open 
to  all  the  children  of  the  county  of  lawful  age  who  shall 
be  otherwise  qualified,  and  who  have  completed  the  pri- 
mary school  course,  or  its  equivalent,  as  tested  by  examina- 
tion or  such  regulations  as  may  be  provided  by  the  Board 
for  the  admission  of  pupils;  Provided,  That  the  county 


THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE.  39 

high  schools  shall  be  separate  for  white  and  colored  pupils, 
as  provided  by  law  for  all  public  schools. 

SEC.  Y.   The  Board  of  Education  shall  have  power  to  Board  to  io- 

cate,  manage, 

locate,  establish,  and  manage  the  county  high  school  or etc- 
schools,  to  make  contracts  with  teachers,  draw  warrants 
on  the  County  Trustee  011  account  of  the  high  school  fund, 
and  shall  perform  such  duties  and  exercise  such  powers 
with  respect  to  the  control  and  management  of  the  county 
high  school  or  schools  as  are  now  vested  by  law  in  the 
District  Directors  with  respect  to  the  control  and  manage- 
ment of  the  district  schools. 

SEC.  8.  The  County  Board  of  Education  shall  have  May  consoii- 
power  to  make  contracts  of  consolidation  with  the  proper  other  schools, 
authorities  of  seminaries,  academies,  or  colleges,  or  with 
city  Boards  of  Education,  or  District  Directors,  whereby 
the  county  high  school  may  be  taught  in  said  seminaries, 
academies,  or  colleges,  or  city  or  district  schools ;  Provided, 
That  the  high  school  branches  be  taught  free  of  charge  to 
all  pupils  of  the  county  entitled  thereto;  And  provided 
further,  That  the  authority  of  the  State  Superintendent, 
the  County  Superintendent.,  the  Board  of  Education,  and 
all  school  officers  shall  be  as  full  and  ample  in  such  con- 
solidated school  as  in  other  county  high  schools;  And 
provided  further,  That  no  teacher  shall  be  employed  in 
teaching  the  said  high  school  branches  unless  said  teacher 
shall  have  a  teacher's  certificate  of  such  grade  as  may  be 
prescribed  for  such  service,  the  County  Superintendent 
under  the  general  regulations,  and  unless  the  employment 
of  said  teacher  shall  be  approved  by  the  Board  of  Edu- 
cation. 

SEC.   9.  The  county  high  schools  shall  be  under  the  under  county 

.    .  ^          °  and  State  Su- 

general  supervision  of  the  County  Superintendent  and 
of  the  State  Superintendent,  as  provided  for  other  pub- 
lic schools,  and  it  shall  be  the  duty  of  the  State  Superin- 
tendent to  provide  such  special  blanks  and  forms,  and 
general  regulations,  as  may  be  needed  for  the  examina- 


40  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

tion  of  high  school  teachers,  for  warrants  of  the  County 
Board  of  Education,  for  grading  high  schools  and  other 
purposes,  and  to  make  such  changes  in  the  form  of  re- 
ports as  may  be  necessary  to  adapt  them  to  the  use  of 
the  high  schools,  and  it  shall  be  the  duty  of  the  teachers 
of  the  county  high  schools,  and  of  consolidated  county  high 
schools,  and  of  County  Boards  of  Education,  to  make  re- 
ports on  the  prescribed  blanks  and  forms  at  the  time  pro- 
vided by  law  for  the  reports  of  other  public  schools,  and 
in  accordance  with  the  regulations  of  State  and  County 
Superintendents. 
Nonresidents  SEC.  10.  The  Countv  Board  of  Education  shall  have 

or  over  school 

power  to  admit  as  pupils  in  the  county  high  school  or 
schools,  persons  over  the  school  age,  or  nonresidents  of 
the  county,  upon  the  payment  of  such  reasonable  rates  of 
tuition,  and  under  such  regulations  as  may  be  prescribed 
by  the  -Board  for  persons  not  entitled  to  admission  in  said 
schools  free  of  charge. 

County  Trustee  SEC.  11.  It  shall  be  the  duty  of  the  County  Trustee  to 
pay  all  warrants  legally  drawn  by  said  Board  of  Educa- 
tion on  account  of  the  county  high  school  fund,  to  keep  an 
accurate  account  of  said  fund,  and  to  render  report  of 
same  to  the  said  Board  of  Education,  and  to  the  proper 
officers  as  now  provided  by  law  with  respect  to  other  school 
funds. 


Act  for  Protection  of  Female  Boarding  Schools, 


CHAPTEK  101,  ACTS  1897. 

AN  ACT  for  the  protection  of  boarding  schools  and  col- 
leges for  females,  and  the  principals  and  inmates 
thereof. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  hereafter  it  shall  be  unlaw-  °c 
ful  for  any  person,  or  persons,  to  wilfully  and  unneces- 
sarily interfere  with,  disturb,  or  in  any  way  disquiet  the 
pupils  of  any  school  or  college  for  females  in  this  State, 
or  the  principal  or  teachers  in  charge  of  them,  while  on 
any  public  road  or  street,  or  in  any  building  or  structure, 
or  on  the  school  premises;  nor  shall  any  communication 
be  had,  for  such  purposes,  with  such  pupils,  or  any  one  of 
them,  either  orally  or  in  writing,  or  by  signs  or  otherwise ; 
and  it  shall  also  be  unlawful  for  any  person  to  enter  upon 
any  such  school  or  college  premises,  except  on  business, 
without  first  having  obtained  permission  of  the  principal 
in  charge  of  same;  and  every  person  guilty  of  either  of 
said  offenses,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  pay  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  for  each  offense,  on  the 
first  conviction ;  and  upon  the  second,  and  each  subsequent 
conviction,  of  a  like  offense,  shall  pay  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars,  and  be  imprisoned 
at  the  discretion  of  the  court,  in  the  county  jail,  not  less 
than  ten  nor  more  than  thirty  (30)  days. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  unlaw-  unlawful  to 

loiter  around 

ful  for  any  person,  or  persons,  to  loiter,  wander,  stand,  female  school, 
or  sit  upon  the   public  roads,   streets,   alleys,   sidewalks, 

(41) 


42  THE    PUBLIC    SCHOOL   LAWS    OF    TENNESSEE. 

or  other  places,  or  to  frequently  and  unnecessarily  pass 
along  the  same  in  such  manner,  and  with  intent  to  annoy, 
vex  or  disturb  the  owners,  lessees  or  occupants  of  any 
premises  in  the  State  used  for  the  purposes  of  a  school  or 
college  for  the  education  of  females,  or  with  intent  to  dis- 
turb, annoy  and  harass  the  teachers,  principal  or  pupils, 
or  any  one  of  them,  as  they  pass  along  the  public  highways, 
streets,  or  alleys  of  any  city  in  the  State ;  and  any  person, 
or  persons,  violating  this  section  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  fined  and  punished  in  the  same  way,  and  to  the  same 
extent,  as  if  convicted  under  the  first  section  of  this  Act. 

SEC.  3.  Be  it  further  enacted.  That  this  Act  take  effect 
forty  (40)  days  after  its  passage,  the  public  welfare  re- 
quiring it. 

Passed  March  17,  1 897. 

JOHN  THOMPSON", 

Speaker  of  the  Senate. 
MORGAN  C.  FITZPATRICK, 
Speaker  of  the  House  of  Representatives. 

Approved  March  19^  1897. 

ROBT.  L.  TAYLOR, 

Governor. 


Text-Book  Law. 


SECTION  1.  The  Governor  and  State  Superintendent  of  commission 

created. 

Public  Instruction,  together  with  three  members  of  the 
State  Board  of  Education  to  be  named  by  the  Governor, 
shall  be,  and  are  hereby,  constituted  a  State  Textbook 
Commission,  whose  duty  it  is  to  select  and  adopt  a  uni- 
form series  or  svstem  of  text-books  for  use  in  the  primary  commission 

J   directed  to 

and  secondary  public'  schools  in  the  State  of  Tennessee,  Jex£books?r 
and  for  use  in  the  incorporated  cities  or  towns  in  the  high 
graded  common  schools.  Said  commission  is  hereby  au- 
thorized, empowered,  and  directed  to  select  and  adopt  a 
uniform  system  or  series  of  text-books  for  use  in  the  pub- 
lic schools  in  this  State,  as  above  indicated,  and  when  so 
selected  and  adopted,  the  textbooks  shall  be  used  for  a 
period  of  five  years,  in  all  the  public  schools  of  this  State, 
and  it  shall  not  be  lawful  for  any  school  officer,  director, 
or  teacher  to  use  any  other  books  upon  the  same  branches, 
other  than  those  adopted  by  said  State  Text-book  Com- 
mission. Said  uniform  series  shall  include  the  following 
branches  of  study,  to  wit :  Orthography,  reading,  writing,  Branches  of 
arithmetic,  geography,  grammar,  language  lessons,  his- 
tory of  Tennessee,  containing  the  constitution  of  the  State, 
history  of  the  United  States,  containing  the  constitution 
of  the  United  States,  physiology  and  hygiene,  elementary 
geology  of  Tennessee,  elementary  principles  of  agriculture, 
elements  of  algebra,  elements  of  plain  geometry,  elements 
of  natural  philosophy,  bookkeeping,  elements  of  civil  gov- 
ernment, rhetoric,  and  higher  English,  and  such  "other 
branches  of  study  in  addition  to  the  foregoing  as  said 
commission  may  select  and  designate  for  use  in  the  high 

(43) 


4:4:  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

graded  common  schools  in  the  incorporated  cities  and 
towns  of  this  State;  Provided,,  That  none  of  said  text- 
books shall  contain  anything  of  a  partisan  or  sectarian 
character.  It  shall  be  the  duty  of  said  commission  to 
appoint  a  subcommission  of  five,  to  be  selected  from  among 
the  teachers,  city  or  county  superintendents  actually  en- 
sub-commis-  gaged  in  the  school  business  in  this  State,  provided  that 

sion  authorized 

not  more  than  one  of  these  shall  be  taken  from  any  con- 
gressional district,  to  whom  shall  be  referred  all  books 
sent  to  the  State  Text-book  Commission  as  specimen 
copies,  or  samples,  upon  which  bids  are  to  be  based,  and 
it  shall  be  the  duty  of  said  subcommission,  in  executive 
session,  to  examine  and  report  upon  the  merits  of  the 
books,  irrespective  of  the  price,  taking  into  consideration 
the  subject-matter  of  the  books,  their  printing,  their  ma- 
Duties  of  sub-  terial  and  mechanical  qualities,  and  their  general  suit- 
commission.  . 

ability  and  desirability  for  the  purposes  for  which  they 

are  desired  and  intended.  It  shall  further  be  the  duty  of 
said  subcommission  to  report  to  the  commission,  at  such 
time  as  said  commission  shall  direct,  arranging  each  book 
in  its  class  or  division,  and  reporting  them  in  the  order 
of  their  merit,  pointing  out  the  merits  and  demerits  of 
each  book,  and  indicating  what  book  they  recommend  for 
adoption  first;  what  book  is  their  second  choice;  what 
their  third  choice,  and  so  on,  pursuing  this  plan  with  the 
books  submitted  upon  each  branch  of  study.  And  if  said 
subcommission  shall  consider  different  books  upon  the 
same  subject,  or  of  the  same  class  or  division,  of  approx- 
imately equal  merit,  all  things  being  considered,  they  shall 
so  report,  and  if  they  consider  that  any  of  the  books  offered 
are  of  such  class  as  to  make  them  inferior  and  not  worthy 
of  adoption,  they  shall,  in  their  report,  so  designate  such 
books,  and  in  said  report  they  shall  make  such  recom- 
menda'tions  and  suggestions  to  the  commission  as  they 
shall  deem  advisable  and  proper  to  make.  Said  report 
shall  be  kept  secret  and  sealed  up  and  delivered  to  the 


THE  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE.  45 

secretary  of  the  commission,  and  said  report  shall  not  be 
opened  by  any  member  of  the  commission  until  the  com- 
mission shall  meet  in  executive  session  to  open  and  con- 
sider the  bids  or  proposals  of  publishers,  or  others,  desir- 
ing to  have  books  adopted  by  said  commission.  Each 
member  of  said  subcommission,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  and  subscribe  to  an 
oath  to  act  honestly,  conscientiously,  and  faithfully,  and 
that  he  is  not  directly  or  indirectly,  in  any  manner  inter- 
ested in  any  of  the  proposed  contracts,  nor  in  any  book, 
or  publishing  concern  publishing  any  books  of  the  kind  or 
character  contemplated  for  use  in  the  public  schools  of 
this  or  any  other  State,  and  that  he  will  examine  all  books 
submitted  carefully  and  faithfully  and  make  true  report 
thereon,  as  herein  directed  and  prescribed.  Said  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  Said 
text-book  commission  shall  hear  and  consider  said  report 
in  its  selection  and  adoption  of  the  uniform  series  of  text- 
books, and  shall  also  themselves  consider  the  merits  of 
the  books,  taking  into  consideration  their  subject-matter, 
the  printing,  binding,  material  and  mechanical  qualities, 
and  their  general  suitability  and  desirability  for  the  pur- 
poses intended,  and  the  price  of  said  books,  and  they  shall 
give  due  consideration  and  great  weight  to  the  report  and 
recommendations  of  said  subcommission ;  Provided,  That 
no  text-book  the  subject-matter  of  which  is  of  inferior 
quality,  shall  be  adopted  by  the  text-book  commission. 
Said  commission  shall  select  and  adopt  such  books  as  will, 
in  their  best  judgment  accomplish  the  ends  desired,  and 
they  are  hereby  authorized  and  directed,  in  case  any  book 
or  books  are  deemed  by  them  suitable  for  adoption,  and 
more  desirable  than  other  book  or  books  of  the  same  class 
or  division  submitted,  and  they  further  consider  the  price 
at  which  pAich  book  or  books  are  offered  to  be  unreasonably 
high,  and  that  it  should  be  offered  at  a  smaller  price,  to 
immediately  notify  the  publisher  or  offerer  of  such  book 


46  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

or  books  of  their  decision,  and  request  such  reduction  in 
price  as  they  deem  reasonable  or  just,  and  if  they  and 
such  publisher  shall  agree  on  a  price,  they  may  adopt  this 
book  or  books.,  but  if  not,  they  shall  use  their  own  sound 
judgment  and  discretion  whether  they  will  adopt  that,  or 
the  book  or  books  deemed  by  them  next  best  in  the  list 
submitted.  And  when  said  text-book  commission  shall 
have  finished  with  the  report  of  said  subcommission,  the 
said  report  shall  be  filed  and  preserved  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  and  shall  be 
open  at  all  times  for  public  inspection. 
HOW  the  com-  SEC.  2.  Said  text-book  commission  shall,  immediately 

mission  shall 

be  constituted,  after  the  passage  of  this  act,  meet  and  organize,  the  Gov- 
ernor being  ex  offlcio  president  of  the  commission,  and 
the  commission  shall  elect  its  secretary.  As  soon  as  prac- 
ticable, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise,  in  such  manner,  and  for 
such  length  of  time,  and  at  such  places,  as  may  be  deemed 
advisable,  that  at  a  time  and  place  fixed  definitely  in  said 
advertisement,,  sealed  bids  or  proposals  will  be  received 
from  the  publishers  of  school  text-books  for  furnishing 
fd"  books  to  the  public  schools  in  the  State  of  Tennessee, 
through  agencies  established  by  said  publishers  in  the 
several  counties,  and  places  in  counties,  in  the  State,  as 
may  be  provided  for  in  such  regulations  as  said  commis- 
sion may  adopt  and  prescribe.  The  bids  or  proposals  to 
be  for  furnishing  the  books  for  a  period  of  five  years, 
and  no  longer,  and  that  no  bid  for  a  longer  period  would 
be  considered.  Said  bid  or  bids  shall  state  specifically  and 
definitely  the  price  at  which  the  book  or  books  will  be 
furnished,  and  shall  be  accompanied  by  one  or  more  speci- 
men copies  of  each  and  every  book  proposed  to  be  fur- 
nished, and  it  shall  be  required  of  each  bidder  to  deposit 
with  the  Treasurer  of  the  State  a  sum  of  money  such  as 
the  commission  may  require,  not  less  than  five  hundred 
($500)  dollars,  nor  more  than  twenty-five  hundred 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  47 

($2,500)  dollars,  according  to  the  number  of  books  each 
bidder  may  propose  to  supply,  and  notice  shall  further 
be  given  in  said  advertisement  that  such  deposits  shall  be 
forfeited  absolutely  to  the  State  if  the  bidder  making  the 
deposit  of  any  sum  shall  fail,  or  refuse,  to  make  and  exe- 
cute such  contract  and  bond  as  is  hereinafter  required, 
within  such  time  as  the  commission  may  require,  which 
time  shall  also  be  stated  in  said  advertisement.  All  bids 
shall  be  sealed  and  deposited  with  the  Secretary  of  State 
to  be  by  him  delivered  to  the  commission  when  they  are 
in  executive  session,  for  the  purpose  of  considering  the 
same,  when  they  shall  be  opened  in  the  presence  of  the 
commission. 

SEC.  3.  It  shall  be  the  duty  of  the  said  text-book  com- 
mission to  meet  at  the  time  and  place  designated  in  such 
notice,  or  advertisement,  and  take  out  the  sample  or  speci-  Procedure  of 

commission- 
men  copies  submitted,  upon  which  the  bids  are  based,  and 

refer  and- submit  these  to  the  subcommission,  as  provided 
for  and  directed  in  section  1  of  this  act,  with  instructions 
to  said  subcommission  to  report  back  to  them  at  a  time 
specified,  with  their  report,  classification,  and  recommen- 
dations, as  provided  in  section  1.  When  the  said  report 
is  submitted  it  shall  be  the  duty  of  the  said  text-book 
commission  to  meet  in  executive  session,  to  open  and  ex- 
amine all  sealed  proposals  submitted  and  received  in  pur- 
suance of  the  notice  of  advertisement  provided  for  in 
section  2  of  this  act.  It  shall  then  be  the  duty  of  said 
commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  report  and  recom- 
mendations of  the  subcommission,  and  determine  in  the 
manner  provided  in  section  1  of  this  act  what  book  or  what  shall  be 
books,  upon  the  branches  hereinabove  mentioned,  shall  be 
selected  for  adoption,  taking  into  consideration  the  size, 
quality  as  to  subject-matter,  material,  printing,  binding, 
and  the  mechanical  execution  and  price,  and  the  general 
suitability  for  the  purpose  desired  and  intended;  Pro- 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


prepare  con- 
tracts. 


vided,  however,  That  all  books  selected  or  adopted  shall 
be  written  or  printed  in  English.  After  their  selection  for 
adoption  shall  have  been  made,  the  said  commission  shall, 
by  registered  letter,  notify  the  publishers,  or  proposers, 
J0  to  whom  the  contracts  have  been  awarded,  and  it  shall 
then  be  the  duty  of  the  Attorney-general  of  the  State  to 
prepare  the  said  contract  or  contracts  in  accordance  with 
the  terms  and  provisions  of  this  act,  and  the  said  contract 
shall  be  executed  by  the  Governor  and  Secretary  of  State, 
with  the  seal  of  the  State  attached  upon  the  part  of  the 
State  of  Tennessee,  and  the  said  contract  shall  be  exe- 
cuted in  triplicate,  one  copy  to  be  kept  by  the  contractor, 
one  copy  by  the  secretary  of  the  text-book  commission, 
and  copied  in  full  in  the  minute  book  of  said  commission, 
and  one  copy  to  be  filed  in  the  office  of  the  Secretary  of 
State.  At  the  time  of  the  execution  of  the  contract  afore- 
said, the  contractor  shall  enter  into  a  bond  in  the  sum  of 
not  less  than  ten  thousand  dollars,  nor  more  than  thirty 
thousand  dollars,  payable  to  the  State  of  Tennessee,  the 
amount  of  said  bond  within  said  limits,  to  be  fixed  by  said 
commission,  conditioned  for  the  faithful,  honest,  and  exact 
performance  of  his  contract,  and  shall  further  provide  for 
the  payment  of  reasonable  attorneys'  fees  in  case  of  recov- 
ery in  any  suit  upon  the  same,  with  three  or  more  good 
and  solvent  sureties,  actual  citizens  and  residents  of  the 
State  of  Tennessee,  or  any  guarantee  company  authorized 
Lo  do  business  in  the  State  of  Tennessee  may  become  the 
surety  on  the  said  bond,  and  it  shall  be  the  duty  of  the 
Attorney-general  to  prepare  and  approve  said  bond;  Pro- 
vided, however,  That  said  bond  shall  not  be  exhausted  by 
Bond  may  be  a  single  recovery,  but  may  be  sued  on  from  time  to  time, 

sued  on  from  vt  «/ 

until  the  full  amount  thereof  shall  be  recovered,  and  the 
said  commission  may,  at  "any  time,  by  giving  thirty  days' 
notice,  require  additional  security  or  additional  bond 
within  the  limits  prescribed.  And  when  any  persons,  firm, 
or  corporation  shall  have  been  awarded  a  contract,  and  sub- 


Bond  to  be 
executed. 


time  to  time. 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  49 

mitted  therewith  the  bond,  as  required  hereunder,  the 
commission,  through  its  secretary,  shall  so  inform  the 
Treasurer  of  the  State,  and  it  shall  then  be  the  duty  of  the 
Treasurer  to  return  to  such  contractor  the  cash  deposit 
made  by  him,  and  the  said  commission  through  its  secre- 
tary, shall  inform  the  Treasurer  of  the  names  of  the  un- 
successful bidders  or  proposers,  and  the  Treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount 
deposited  in  cash  by  them  at  the  time  of  the  submission 
of  their  bids.  But  should  any  person,  firm,  company,  or 
corporation  fail  or  refuse  to  execute  the  contract,  and 
submit  therewith  his  bond  as  required  by  this  act  within 
thirty  days  of  the  awarding  of  the  contract  to  him,  and 
the  mailing  of  the  registered  letter  containing  the  notice,  Forfeiture  for 

'   failure  to  ob- 

provided  the  mailing  of  the  registered  letter  shall  be  serve  contract, 
sufficient  evidence  that  the  notice  was  given  and  received, 
the  said  cash  deposit  will  be  deemed,  and  is  hereby  de- 
clared, forfeited  to  the  State  of  Tennessee,  and  it  shall 
be  the  duty  of  the  Treasurer  to  place  said  cash  deposit  in 
the  treasury  of  the  State,  to  the  credit  of  the  school  fund ; 
And  provided  further,  That  any  recovery  had  on  any 
bond,  given  by  any  contractor,  shall  inure  to  the  benefit  Recoveries  to 

J  go  to  school 

of  the  school  fund  of  the  State  and  counties,  and  when  fund- 
collected  shall  be  placed  in  the  treasury  to  the  credit  of 
the  school  fund,  and  be  prorated  among  the  several  coun- 
ties of  the  State. 

SEC.  4.   The  books  furnished  under  any  contract  shall 
at  all  times,  during  the  existence  of  the  contract,  be  equal  Books  must 

7  .  -1          come  up  to 

to,  in  all  respects,  the  specimen  or  sample  copies  furnished  samples, 
with  bids;  and  it  shall  be  the  duty  of  Secretary  of  State 
to  carefully  preserve  in  his  office,  as  the  standards  of 
quality  and  excellence  to  be  maintained  -in  such  books, 
during  the  continuance  of  such  contract,  the  specimen  or 
sample  copies  of  all  books  which  have  been  the  basis  of 
any  contract,  together  with  the  original  bid  or  proposal. 
It  shall  be  the  duty  of  all  contractors  to  print  plainly 


50 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


Prices  must 
not  exceed 
those  charged 
elsewhere  un- 
der like  condi- 
tions. 


Commission 
authorized  to 
act  if  excess 
price  is 
charged. 


on  the  back  of  each  book  the  contract  price  as  well  as  the 
exchange  price  at  which  it  is  agreed  to  be  furnished,  but 
the  books  submitted  as  sample  or  specimen  copies  with  the 
original  bids  shall  not  have  the  price  printed  on  them 
before  they  are  submitted  to  the  subcommission.  And  the 
said  text-book  commission  shall  not,  in  any  case,  contract 
with  any  person,  publisher,  or  publishers,  for  the  use  of 
any  book  or  books  which  are  to  be  or  shall  be  sold  to  patrons 
for  use  in  any  public  school  in  this  State,  at  a  price  above 
or  in  excess  of  the  price  at  which  such  book  or  books  are 
furnished  by  said  person,  publisher,  or  publishers,  under 
contract  to  any  State,  county,  or  school  district  in  the 
United  States,  under  like  conditions  prevailing  in  this 
State,  and  under  this  act.  And  it  shall  be  stipulated  in 
each  contract  that  the  contractor  has  never  furnished,  and 
is  not  now  furnishing  under  contract,  any  State,  county, 
or  school  district  in  the  United  States,  where  like  condi- 
tions prevail  as  are  prevailing  in  this  State,  and  under  this 
act,  the  same  book  or  books  as  are  embraced  in  said  con- 
tract, at  a  price  below  or  less  than  the  price  stipulated  in 
the  said  contract.  And  the  said  commission  is  hereby 
authorized  and  directed,  at  any  time  they  may  find  that 
any  book  or  books  have  been  sold  at  a  lower  price  under 
contract  to  any  State,  county,  or  school  district  aforesaid, 
to  sue  upon  the  bond  of  said  contractor,  and  recover  the 
difference  between  the  contract  price  and  the  lower  price 
at  which  they  find  the  book  or  books  have  been  sold.  And 
in  case  any  contractor  shall  fail  to  execute  specifically  the 
terms  and  provisions  of  his  contract,  said  commission  is 
hereby  authorized,  empowered,  and  directed  to  bring  suit 
upon  the  bond  of  such  contractor  for  the  recovery  of  any 
and  all  damages,  the  suit  to  be  in  the  name  of  the  State  of 
Tennessee,  and  the  recovery  for  the  benefit  of  the  public 
school  fund.  But  nothing  in  this  act  shall  be  construed  so 
as  to  prevent  said  commission  and  any  contractor  agreeing 
thereto,  from  in  any  manner  changing  or  altering  any  con- 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  51 


tract,  provided  four  members  of  the  commission  shall  agree 
to  the  change  and  think  it  advisable  and  for  the  best  in- 
terests of  the  public  schools  of  this  State.  In  all  other 
matters  a  majority  of  said  commission  shall  control. 

SEC.  5.  It  shall  be  always  a  part  of  the  terms  and  con- 
ditions of  every  contract  made  in  pursuance  of  this  act 
that  the  State  of  Tennessee  shall  not  be  liable  to  any  con-  state  not 
tractor,  in  any  manner,  for  any  sum  whatever,  but  all  such 
contractors  shall  receive  their  pay  or  consideration  in 
compensation  solely  and  exclusively  derived  from  the  pro- 
ceeds of  the  sale  of  books,  as  provided  for  in  this  act; 

Provided  further,  That  the  commission  shall  stipulate  inBook8no^in 

/•       i  •         /•  111         use  may  be  *x~ 

the  contract  for  the  supplying  of  any  book  or  books  as  here-  changed. 

in  provided,  that  the  contractor  or  contractors  shall  take 
up  the  school  books  now  in  use  in  this  State,  and  receive 
the  same  in  exchange  for  new  books  at  a  price  not  less  than 
fifty  per  cent,  of  the  contract  price.  And  each  person  or 
publisher  making  a  bid  for  the  supplying  of  any  book  or 
books  hereunder  shall  state  in  such  bid  or  proposal  the 
exchange  price  at  which  such  book  or  books  will  be  fur- 
nished. 

SEC.   6.  The  text-book  commission  shall  have  and  re-  Any  bid  may 
serve  the  right  to  reject  any  and  all  bids  or  proposals  if 
they  shall  be  of  opinion  that  any  or  all  should,  for  any 
reason,  be  rejected.     And  in  case  they  fail,  from  among 
the  bids  or  proposals  submitted,  to  select  or  adopt  any 
book  or  books,  upon  any  of  the  branches  mentioned  in 
section  1  of  this  act,  they  may  readvertise  for  sealed  bids  Jj.Jj™JJJg^ 
or  proposals  under  the  same  terms  and  conditions  as  be-  for. 
fore,  and  proceed  in  their  investigation  in  all  respects  as 
they  did  in  the  first  instance,  and  as  required  by  the  terms 
and  provisions  of  this  act,  or  they  may  advertise  for  sealed 
bids  or  proposals  from  authors  or  publishers  of  text-books 
who  have  manuscripts  of  books  not  yet  published,   for  Manuscript  of 
prices  at  which  they  will  publish  and  furnish  in  book  form,  oonstdSS.  * 
such  manuscripts,  or  for  prices  at  which  they  will  sell  such 
manuscripts,  together  with  the  copyright  of  such  books, 
for  use  in  the  public  schools  in  Tennessee,  proceeding  in 
all  respects  in  like  manner  as  before  ;  And  provided,  That 
before  accepting  or  rejecting  any  manuscript,  it  shall  be 
their  duty  to  take  the  manuscript  and  to  'advertise  for 
sealed  bids  or  proposals  for  publishing  the  same  in  book 


52  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

form,  in  like  manner  as  hereinbefore  provided  for,  and 
under  the  same  restrictions  and  conditions,  and  the  con- 
tract may  be  let  for  the  publication  of  all  such  books,  or 
for  any  one  or  more  separately;  And  provided  further, 
publisher  of  That  the  State  itself  shall  not,  under  any  circumstances, 
mus"derfray  aii  enter  into  any  contract  binding  it  to  pay  for  the  publica- 
tion of  any  book  or  books,  but  in  the  contract  with  the 
owner  of  the  manuscript  it  shall  be  provided  that  he  shall 
pay  the  compensation  to  the  publisher  for  the  publication 
and  putting  in  book  form  the  manuscript,  together  with 
the  costs  and  expense  of  copyrighting  the  same;  And 
provided  further,  That  in  all  cases  bids  or  proposals  shall 
be  accompanied  with  the  cash  deposit  of  from  five  hun- 
dred dollars  to  twenty-five  hundred  dollars,  as  the  com- 
cash  deposit,  mission  may  direct,  and  as  provided  in  section  2  of  this 
act.  And  it  is  further  expressly  provided  that  any  per- 
son, firm,  or  corporation  now  doing  business,  or  propos- 
ing to  do  business,  in  the  State  of  Tennessee \  shall  have 
the  right  to  bid  for  the  contract  to  be  awarded  hereunder, 
HOW  bids  shall  in  manner  as  follows :  In  response  to  the  advertisement, 
when  made  as  hereinbefore  provided,  said  person,  firms, 
or  corporation  may  submit  a  written  bid  or  bids  to  edit 
or  have  edited,  publish  and  supply  for  use  in  the  public 
schools  in  this  State,  any  book  or  books  provided  for  here- 
under, provided  that  instead  of  filing  with  said  bid  or 
proposal  a  sample  or  specimen  copy  of  each  book  proposed 
to  be  furnished,  he  may  exhibit  to  the  commission  in  man- 
uscript or  printed  form  the  matter  proposed  to  be  incorpo- 
rated in  any  book,  together  with  such  a  description  and 
illustration  of  the  form  and  style  thereof,  as  will  be  fully 
intelligible  and  satisfactory  to  the  said  commission,  or 
they  may  submit  a  book  or  books,  the  equal  of  which,  in 
every  way,  they  propose  to  furnish,  and  they  shall  accom- 
pany their  bid  or  proposal  with  the  cash  deposit  herein- 
before provided  for^  and  shall  enter  into  contract  and 
bond  as  hereinbefore  provided,  except  that  the  bond  may 
be,  in  this  instance,  increased  to  fifty  thousand  dollars; 
Provided,  That  all  books  and  manuscripts  offered  shall 
be  examined  and  reported  upon  by  the  subcommission  pro- 
vided for  in  section  1  of  this  act. 

Governor  to          SEC.  Y.  As  soon  as  said  commission  shall  have  entered 
inttfon?003        into  a  contract  or  contracts  for  the  furnishing  or  supply- 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  53 

ing  of  books  for  use  in  the  public  schools  in  this  State,  it 
shall  be  the  duty  of  the  Governor  to  issue  his  proclama- 
tion announcing  such  fact  to  the  people  of  the  State. 

SEC.  8.  The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  establish  and  maintain  in  some  one 
citv  in  each  of  the  three  grand  divisions  of  the  State,  a  Depositories 

, '  "       . ,  ,         ,      .  j    -L       .-L  •      •  provided  for. 

depository,  to  be  designated  by  the  commission,  where  a 
stock  or  supply  of  the  books  sufficient  to  meet  all  immedi- 
ate demands  shall  be  kept.  There  shall  also  be  main- 
tained in  each  county  in  the  State,  provided  the  commis- 
sion shall  deem  it  advisable,  and  so  demand,  not  less  than 
one  nor  more  than  four  agencies,  for  the  distribution  of 
the  books  to  the  patrons,  or  the  contractor  shall  be  per- 
mitted to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books,  and  parties 
living  in  a  county  where  no  agency  has  been  established, 
or  no  arrangements  made  for  distribution,  may  order  the 
same  from  one  of  the  depositories,  and  it  shall  be  the  duty 
of  the  contractor  to  deliver  any  book  or  books  so  ordered, 
to  the  person  ordering,  to  his  post  office  address,  freight, 
express.,  postage,  or  other  charges  prepaid,  at  the  retail  fJJ^to^on6- 
contract  price,  provided  the.  price  of  the  book  or  books  so  "Xact  price1 
ordered  shall  be  paid  in  advance.  But  nothing  in  this  act  SeeActsl901 
shall  be  so  construed  as  to  prohibit  any  merchant  or  dealer 
from  buying  and  selling  said  books.  All  books  shall  be 
sold  to  the  consumer  at  the  retail  contract  price,  and  in 
each  book  shall  be  printed  the  following :  "The  price  fixed 
hereon  is  fixed  by  State  contract,  and  any  deviation  there- 
from shall  be  reported  to  your  County  Superintendent  of 
Public  Instruction,  or  the  State  Superintendent  at  Nash- 
ville." And  it  is  expressly  provided  that  should  any 
party  contracting  to  furnish  books  as  provided  for  in  this 
act,  fail  to  furnish  them,  or  otherwise  breach  his  contract, 
in  addition  to  the  right  of  the  State  to  sue  on  the  bond 
hereinabove  required,  the  Chairman  of  the  County  Court 
or  County  Judere  mav  sue  in  the  name  of  the  State  of  Recovery  for 

J     .  "  „  ,  .  violation  as  to 

Tennessee,  in  any  court  01  his  own,  or  any  other  county  price, 
having  jurisdiction,  and  recover  on  the  bond  given  by  the 
contractor  the  full  value  of  the  books  so  failed  to  be 
furnished,  for  the  use  and  benefit  of  the  school  fund  of 
the  county ;  Provided,  That  the  right  of  action  given  to  the 
Chairman  or  County  Judge  shall  be  limited  to  breaches  of 


54:  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  contract  committed  in  this  county;  And  provided 
further,  That  in  all  cases  service  of  process  may  be  had 
and  deemed  sufficient  on  any  agent  of  the  contractor  in 
the  county,  or  if  no  agent  is  in  the  county,  then  service 
may  be  had  on  the  agent  in  charge  of  any  depository,  and 
this  service  shall  be  and  stand  in  the  place  of  service  on 
the  defendant  contractor. 

SEC.  9.  Said  commission  may  from  time  to  time  make 
any  necessary  regulations  not  contrary  to  provisions  of  this 
Commission  to  act,  to  secure  the  prompt  distribution  of  the  books  herein 
SSfannfzation  provided  f or,  and  the  prompt  and  faithful  execution  of  all 
contracts,  and  it  is  expressly  now  provided  that  said  com- 
mission shall  maintain  its  organization  during  the  five 
years  of  the  continuance  of  the  contract,  and  after  the 
expiration  of  the  same  to  renew  such  of  them  as  they 
deem  advisable,  or  readvertise  for  new  bids  or  proposals, 
as  required  by  this  act  in  the  first  instance,  and  enter  into 
such  other  contracts  as  they  may  deem  for  the  best  in- 
terests of  the  patrons  of  the  public  schools  of  the  State, 
provided  any  contract  entered  into  or  renewed  shall  be  for 
the  term  of  five  years. 

SEC.  10.    As  soon  as  practicable  after  the  adoption  pro- 
state superin-   vided  for  in  this  act,  the  State  superintendent  shall  issue 
a  circular  letter  to  each  city  and  county  superintendent 
in  the  State,  and  to  such  others  as  he  may  desire  to  send 
intendents.       ^  whicn  letter  shall  contain  the  list  of  books  adopted, 
the  prices,  location  of  agencies,  and  method  of  distribu- 
tion,   and    such    other    information    as    he    may    deem 
necessary. 

SEC.  11.  As  soon  after  the  passage  of  this  act  as  may 
be  practicable,  and  the  commission  shall  deem  advisable, 
tBo0beuasedPexed  the  books  adopted  as  a  uniform  system  of  text-books, 
^n  ^Q  introduced  and  used  as  text-books,  to  the  exclusion 
of  all  others  in  all  the  public  free  schools  in  this  State; 
Provided,  That  nothing  herein  shall  be  construed  to  pre- 
vent the  use  of  supplementary  books,  but  such  supple- 
mentary  books  shall  not  be  used  to  the  exclusion  of  the 
books  prescribed  or  adopted  under  the  provisions  of  this 
act;  And  provided  further,  That  nothing  in  this  act  shall 
be  construed  to  prohibit  the  use  in  public  schools  of  any 
text-book  upon  any  branch  mentioned  in  section  1  of  this 
act,  where  the  commission  shall  not  select  or  adopt  a 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  55 

book  for  that  branch  or  subject;  And  provided  further, 
That  nothing  in  this  act  shall  prevent  the  teaching  in  any 
school  [of]  any  branch  higher  or  more  advanced  than  is 
embraced  in  section  1  of  this  act,  nor  the  using  of  any  AS  to  higher 
book  upon  such  higher  branch  of  study,  provided  that 
such  higher  branches  shall  not  be  taught  to  the  exclusion  of 
branches  mentioned  and  set  out  in  section  1  of  this  act. 

SEC.   12.  Nothing  herein  shall  be  construed  to  prevent  where  no  con- 

,.,.,  ,.,  -,,.  111  tract  is  made  or 

or  prohibit  the  patrons  of  the  public  schools  throughout  contractor  fails 

l        CU  £  ••        t-     t_      •     'A!  1  •  to  furnish 

the  State  from  procuring  books  in  the  usual  way  in  casebooks. 
no   contract   shall   be  made,    or   the   contractor  fails    or 
refuses  to  furnish  the  books  provided  for  in  this  act,  at 
the  time  required  for  their  use  in  the  respective  schools. 

SEC.  13.    Any  person  or  teacher  violating  the  provisions  violation  ef 
of  this  act  shall  become  guilty  of  a  misdemeanor,  and 
upon  conviction,  punished  by  a  fine  of  not  less  than  ten 
dollars,  nor  more  than  fifty  dollars. 

SEC.  14.    Any  teacher  who  shall  use,  or  permit  to  be  Penalty  of 
used,  in  his  or  her  school,  any  text-book  upon  the  branches  fanCubrerto°use 
embraced  in  this  act,  where  the  commission  has  adopted  booksadopted' 
a  book  upon  that  branch,  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
punished  as  provided  for  in  section  13  of  this  act. 

SEC.  15.    Any  dealer,  clerk,  or  agent,  who  shall  sell  any  penalty  of 
book  for  a  greater  sum  than  the  contract  price,  shall  be  fattoi  o/thu 
guilty  of  a  misdemeanor,   and  upon  conviction  shall  belaw' 
punished  as  provided  for  in  section  13  of  this  act. 

SEC.  16.     The  sum  of  one  thousand  dollars,  or  so  much  f  ppropriatkm 

*>  i  -i .     for  carrying 

thereof  as  may  be  necessary,  to  be  paid  out  of  the  public  act  into  effect, 
school  fund,  be,  and  is  hereby,  appropriated  for  the  pur- 
pose  of  paying  the  cost  and  expense  of  carrying  into 
effect  the  provisions  of  this  act. 

SEC.  17.     Said  text-book  commission  shall  serve  with- Pay  of  mem- 
out  compensation,  and  members  of  the  subcommission  of  commission, 
five  shall  be  paid  a  per  diem  of  four  dollars  per  day  dur- 
ing the  time  they  are   actually  engaged,  not  to  exceed 
thirty  days,  and  in  addition  shall  be  repaid   all  money 
actually  expended  by  them  in  the  payment  of  necessary 
expenses,  to  be  paid  out  of  the  public  school  fund,  and 
they  shall  make  out  and  swear  to  an  itemized  statement 
of  such  expenses. 


Laws  which  Relate  Only  to  the  City  of  Memphis. 


1872.  chap.  84,  SEC.  57.  All  revenue  arising  from  assessments  on  real 
and  personal  property,  privileges  and  polls,  levied  on 
account  of  public  schools  or  public  education  in  the  tax- 
ing districts,  shall  be  for  the  use  and  benefit  of  the  public 
schools  in  the  taxing  districts,  and  when  the  tax  is  col- 
lected, it  shall  be  paid  over  weekly  to  the  Treasurer  of 
the  Board  of  Education  of  the  taxing  district. 

SEC.   58.    (1)   The  office  of  members  of  the  Board  of 
1883.  chap.  IT.  Education  be,  and  the  same  is  hereby,  abolished  in  all 
?a°tton  changed  taxing  districts  organized  prior  to  the  year  1882,  where 
miSonerSChim~  there   is   an   incorporated   system  of  public   schools,   and 
taxing  districts  instead  thereof  the  office  of  School  Commissioner  is  hereby 
created.     The  Board  of  Education  for  each  of  said  incor- 
porated systems  of  public  schools  shall  hereafter  be  com- 
posed of  five  School  Commissioners,  who  shall  be  selected 
from  said  taxing  districts  at  large  where  said  incorporated 
system  of  ^school  is  respectively  located. 

(2)    Said  Commissioners  shall  be  elected  by  the  qual- 
Eiection  and     ified  voters  of  such  taxing  district,  and  their  election  shall 
commissioners  take  place  at  the  same  time  and  place  as  that  of  the  officers 
of  said  taxing  districts,  at  the  first  election  to  take  place 
on  the  first  Thursday  after  the  first  Monday  in  January  in 
the  year  1884.     Three  of  said  Commissioners  shall  be 
elected  for  two  years,  and  two  for  four  years,  and  there- 
after said  Commissioners  shall  be  elected  for  a  term  of 
four  years. 

( 3  )  The  Governor  of  the  State  of  Tennessee  shall  imme- 
Governorto  diately,  on  the  passage  of  this  act,  appoint  five  School 
Commissioners  for  each  of  such  taxing  districts,  by  and 
with  the  advice  and  consent  of  the  Senate,  who  shall  hold 
their  offices  until  their  successors  are  elected  and  quali- 
fied, as  prescribed  in  this  act. 

(4)    The  School  Commissioners  shall  fill  all  vacancies 
vacancies.       which  shall  occur  in  the  offices  of  School  Commissioner  by 
death,  resignation,  removal,  or  otherwise,  and  the  Com- 
.  (56) 


THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  57 

inissioner  so  elected  to  fill  a  vacancy  shall  hold  his  office 
until  the  next  election  thereafter  of  taxing  district  officers, 
when  his  successor  shall  be  elected  and  qualified. 

(5)  Each  of  the  five  commissioners   shall   enter   into  Bond  of  com- 
bonds  in  the  sum  of  $5,000,  with  two  good  and  sufficient missioners- 
sureties,  which  bond  shall  be  approved,  in  writing,  by  and 

filed  with  the  President  of  the  taxing  district  for  the  faith- 
ful performance  of  their  duties,  and  the  President  of  the 
P)0ard  shall  also  enter  into  an  additional  bond  of  $5,000, 
secured,  approved,  and  filed  in  like  manner,  for  the  faith- 
ful performance  of  his  duties  as  President.  The  President  saiay 
of  the  board  shall  receive  a  salary  not  to  exceed  five  hun- 
dred dollars  per  annum,  payable  in  equal  monthly  pay- 
ments ;  and  ea.ch  one  of  the  other  Commissioners  shall  re- 
ceive a  salary  not  to  exceed  two  hundred  dollars  per  an- 
num, payable  in  like  manner.  They  shall  be  citizens  of 
said  taxing  district.  Each  Commissioner  shall  be  a  man  Qualifications, 
of  good  moral  character  and  temperate  habits ;  he  shall  be 
able  to  read  and  write,  and  shall  have  a  general  knowledge 
of  the  common  branches  of  learning  sufficient  to  enable  him 
to  judge  of  the  qualification  of  teachers ;  he  shall  not  hold 
any  office  or  position  for  pay  or  compensation  in  the 
employment  of  the  Board  of  Education,  except  the  office 
of  Secretary,  Treasurer,  or  census  taker;  nor  shall  he  be 
interested,  directly  or  indirectly,  in  any  contract  or  busi- 
ness of  said  boad.  The  P>oard  of  Education  shall  be  the 
judge  of  the  qualification  of  its  own  members. 

(6)  Said  five  Commissioners  shall  each  have  and  pos- Powers  and 
sess  all  the  powers  and  privileges  which  have  heretofore 

been  conferred  on  a  member  of  said  Board  of  Education, 
except  where  said  powers  and  privileges  have  herein  been 
restricted  and  modified.  Three  Commissioners,  when 
regularly  assembled  in  session,  shall  constitute  a  quorum 
for  the  transaction  of  business,,  but  not  otherwise. 

(7)  Said  Commissioners  shall,  immediately  on  their  «p- organization 
pointment,   organize   respective  Boards   of   Education   by 
electing  a  President  and  Vice  President  from  among  their 
number,  and  by  electing  a  Superintendent  who  is  not  a 

School  Commissioner,  and  by  electing  a  Secretary  and 
Treasurer.  The  Secretary  and  Treasurer  may  be  School 
Commissioners,  or  they  may  be  citizens  who  are  riot  School 
Commissioners,  as  the  said  Boards  of  Education  thus  con- 
stituted and  controlled  by  such  commissioners  shall,  in 


58 


THE    PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 


Salaries. 


Scholastic 
census. 


By-laws.  their  discretion,  see  proper.  Said  Boards  of  Education 
shall  enact  by-laws  for  their  government.  They  shall  pay 
their  Superintendent  a  salary  not  exceeding  twenty-live 
hundred  dollars  per  annum,  and  Secretary  a  salary  not 
exceeding  eighteen  hundred  dollars  per  annum. 

(8)  The  said  Boards  of  Education  shall  keep  the  scho- 
lastic census  required  by  law  in  a  well-bound  book,  in  which 
shall  be  entered  the  name,  age,  color,  and  sex  of  each  per- 
son of  scholastic  age.     Said  Boards  of  Education  shall,  in 
no  case,  pay  for  taking  said  census  more  than  two  cents 
for  each  person  of  scholastic  age  enumerated  in  said  census 
return.     Said  census  returns,  when  taken,  and  before  their 
adoption,  shall  be  referred  to  a  special  committee  of  three 
commissioners,  who  shall  compare  said  return  with  the 
total  population  of  such  taxing  district,  and  with  the  cen- 
sus return  of  preceding  years,  and  with  other  data  and  sta- 
tistics, and  they  shall  report,  in  writing,  to  the  Board  of 
Education  whether  or  not,  in  their  opinion,  the  census  hag 
been  fully  and  fairly  taken. 

(9)  The  present  offices  of  members  of  the  Board  of  Ed- 
ucation  and   School   Visitor,    Superintendent,    Secretary, 
Treasurer,  teacher,  and  other  employees  of  said  Board  of 
Education  be,  and  they  are  hereby,  abolished. 

(10)  So  much  of  an  act,  entitled  "An  act  to  charter  the 
Acts  repealed.  Memphis  City  Schools,"  passed  January  27,  1869,  and  the 

amendment  thereto,  passed  December  18,  1869,  entitled 
"An  act  to  amend  an  act  chartering  the  Memphis  City 
Schools,"  passed  January  25,  1869,  as  is  in  conflict  with 
this  act,  is  hereby  repealed. 

(11)  Hereafter  children  being  within  the  age  now  re- 
quired by  law,  and  residing  within  one-half  a  mile  of  the 
limits  of  the  city  of  Memphis,  as  said  limits  now  are,  or 
may  be  hereafter  fixed,  shall  be  received  in  and  have  the 
right  to  attend,  free  of  tuition,  the  public  schools  inside 
the  city  of  Memphis,  nearest  to  their  respective  places  of 
residence,  for  five  years,  from  date  of  the  passage  of  this 
bill. 

An  Act  of  1899  transfers  to  School  Commissioners  or 
Boards  of  Education  all  public  school  property  and  funds 
of  the  annexed  territorv. 


Offices 
abolished 


Classified  List  of  Decisions  of  the  Supreme  Court, 

CONSTRUING  THE  SCHOOL  LAWS. 


I.— COUNTY  SUPERINTENDENT. 
Decision  of  County  Court  final   in  fixing  salary. — 6  Lea,  501,  Halle  v. 

Young. 

II.— DISTRICT  DIRECTORS. 

Election — Illegal  Directors. — 12  Lea,  486,  Meadows  v.  Nesbitt. 
Election  of  Directors. — See  cases  Nollie  Roberts  v.  Len  K.  Hart,  Trustee; 

Banks  v.  Burkhalter,  from  Davidson  County.     21  and  22  Pickle. 
Contested  Election — County  Court  Decides. — 12  Lea,  30,  State  v.  Burch- 

field. 

Removal  from  Office. — 3  Tenn.  Ch.  Rep.,  177,  State  v,  Leonard. 
Contracts  with,  and  pay  and  dismissal  of  teachers. — 5  Lea,  526,  Parker 

v.  School  District;  12  Lea,  486,  Meadows  v.  Nesbitt;  10  Lea,  344, 

Crawley   v.   Leonard;    10   Lea,    219,   Morley  v.   Power;    5   Lea, 

692,  Morley  v.  Power;  5  Lea,  265,  Bayless  v.  Driskell. 
Violation  of  Section  19  of  school  laws  a  misdemeanor. — 9  Baxter,  559, 

State  v.  Keeton. 
Power  to  regulate  the  suspension  or  dismissal  of  pupils. — 5  Lea,  526, 

Parker  v.  School  District. 
Directors  contract  with  teachers. — See  cases  Nollie  Roberts  v.  Len  K. 

Hart,  Trustee;  Banks  v.  Burkhalter,  from  Davidson  County.     21 

and  22  Pickle. 

III.— SCHOOL  DISTRICTS. 

Debt  of  Directors  binds  successors,  although  district  organization 
changed. — 3  Tenn.  Ch.  Rep.,  556,  Shankland  v.  Phillips;  6  Lea, 
273,  Bank  v,  Baber. 

NOTE. — Since  the  decision  in  the  case  of  Rodemer  v.  Mitchell,  6  Pickle,  65,  the  Legis- 
lature of  1891  has,  by  statute,  empowered  the  County  Court  to  create  new  school  districts. 

IV.— TEACHERS. 
Power  of  Directors  to  employ,   control,   and   dismiss  teachers.     (See 

Directors.) — 5  Lea,  692,  Morley  v.  Power;  5  Lea,  526,  Parker  v. 

School   District;    10   Lea,   219,    Morley   v.   Power;    10  Lea,   344, 

Crawley  v.  Leonard;  12  Lea,  486,  Meadows  v.  Nesbitt;  9  Baxter, 

559,  State  v.  Keeton. 
Teachers'  contract  with  directors. — See  cases  Nollie  Roberts  v.  Len  K. 

Hart,  Trustee;  Banks  v.  Burkhalter,  from  Davidson  County.    21  and 

22  Pickle. 

Employment  of  minors. — 12  Lea,  30,  State  v.  Burchfield. 
Pay  of  teachers. — 10  Lea,  219,  Morley  v.  Power;  10  Lea,  344,  Crawley 

v.  Leonard;  5  Lea,  265,  Bayless  v,  Driskell;  6  Lea,  274,  Bank  v. 

Baber. 

Power  of  teachers  to  suspend  and  punish  pupils. — 3  Head,  425,  An- 
derson v.  State;  5  Lea,  526,  Parker  v.  School  District;  3  Leg. 

Rep.,  19,  State  v.  Von  Strans. 

(59) 


60  THE    PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

V.— COUNTY  TRUSTEE. 

Liability. — 5  Lea,  265.  Bayless  v.  Driskell;  6  Lea,  276,  Bank .  v.  Baber. 
May  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones;   14  Lea,  536,  Jernegan  v. 

Gray. 
Entitled   to   only  one   and   one-half  per  cent,  of  fees. — 6   Pickle,  741, 

Monroe  County  v.  Hudson. 

NOTB.— The  Assessment  Act  for  1891,  Extra  Session.  Chap.  26,  Sec.  19.  raising  anew 
the  question  decided  in  above  case,  being  an  amendment  to  the  act  of  1889,  Chapter  96, 
was  repealed  by  the  act  of  1895,  Chap.  120,  Sec.  117,  page  246,  and  leaves  the  commission 
of  the  Trustee  at  one  and  one-half  per  cent  on  school  money  collected  from  taxpayers, 
and  at  one  per  cent  on  all  school  moneys  received  from  other  sources,  and  paid  out  ac- 
cording to  law. 

VI.— SCHOOL  WARRANTS. 
How   issued. — 10   Lea,   219,   Morley  i\   Power;    5   Lea,   265,   Bayless  v. 

Driskell. 
Not  negotiable,  do  not  bear  interest,  subject  to  statute  of  limitations, 

etc.,  and  Trustee's  duty. — 5  Lea,  265,  Bayless  v.  Driskell;  6  Lea, 

274,  Bank  v.  Baber. 

VII.— SCHOOL  TAXES. 

County  Court  may  levy  tax  equal  to  entire  State  tax  at  any  term  of 
court. — 5  Lea,  708,  Railroad  v.  Franklin  County;  7  Lea,  309, 
Bright  v.  Halloman. 

VIIL— SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 
May  levy  tax,  and  may  admit  children  residing  outside  the  corporation. 
— 15  Lea,  633,  Ballentine  v.  Pulaski. 

IX.— PROCEDURE  IN  COURTS. 

Teacher  cannot  sue  Comptroller. — 10  Lea,  576,  Yost  v.  Gaines. 
County  Trustee  may  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones;    14  Lea, 

536,  Jernegan  v.  Gray. 
Cases  where  mandamus  will  lie. — 5  Lea,  265,  Bayless  v,  Driskell;  5  Lea, 

692,  Morley  v.  Power;  6  Lea,  274,  Bank  v.  Baber. 
County    Court   decides   contested    election    of    Directors. — 12    Lea,    30, 

State  v.  Burchfield. 
Removal  of  Director. — 3  Tenn.  Ch.  Rep.,  177,  State  v.  Leonard. 

X.— OATH  MUST  BE  TAKEN  BY  ALL  OFFICERS— MISDEMEANOR 

TO  ENTER  ON  OFFICE  WITHOUT  IT. 

Constitution,  Art.  10,   Sec.  1;    M.  &  V.  Code,  Art.  2,  Sees.  940, 
941,  942,  943,  947,  948:  8  Baxter,  591. 

XL— CONSTITUTIONAL  REQUIREMENT. 
Constitution,  Art  11,  Sec.  12;  5  Hum.,  279;  5  Baxter,  1. 


ALLISON,  COL.  JOHN. 

Act  authorizing  purchase  of  maps  of,  p.  36. 

ATTORNEYS. 

State  Superintendent  may  appoint,   sec. 
44/,  p.  26. 

ATTORNEY-GENERAL-STATES'. 

Opinion    as    to    taxing    districts,   second 

class,  p.  30,  held  valid. 
Opinion  as  to  directors  binding  successors, 

sec.  18,  p.  11,  holds  good  in  the  absence 

of  fraud. 

ATTORNEY-GENERAL-DISTRICT. 

To  prosecute  County  Superintendent  or 
Trustee  for  failure  to  make  reports,  sec. 
44  g,  p.  26. 
To  conduct  prosecutions,  sec.  25,  p.  17. 

BOARD  OF  EDUCATION. 

See  State  Board  of  Education,  also  County 
Board  of  Education. 

BLANK  FORMS. 

Distributed  by  State  Superintendent,  sec. 

7,  subsec.  4,  p.  4. 

BRANCHES  OF  STUDY  TAUGHT. 

List  of  different  studies,  sees.  31,  32,  33 
pp.  18,  19,  20,  21. 

CADETS. 

See  University  of  Tennessee. 

CENSUS. 

Duty  of  State  Superintendent,  sec.  7,  sub- 
sec.  11,  p.  5. 
Duty  of  County  Superintendent,  sec.  9  pp 

8,  9,  10. 

Duty  of  School  Directors,  sec.  20,  pp.  12  13. 
Duty  of  District  Clerk,  sec.  21,  pp.  U,  15. 

CERTIFICATES. 

Of  qualification  by  teachers,  sec.  26,  pp. 

To  pupils  completing  the  primary  schools, 
sec.  32,  subsec.  2,  pp.  20,  21. 

CITY  SCHOOLS. 

See  Municipal  Corporations. 

COMPTROLLER. 

To  apportion  annual  school  fund   sec.  44 

p.  24. 
To  certify  to  County  Judge  or  Chairman 

date  and  amount  of  each  warrant    to 

county,  sec.  44A,  p.  26. 

COUNTY  COURT. 

To  create  and  change  school  districts,  sec. 

22.  subsec.  2,  p.  16. 
Chairman's  duty  in  relation  to  Bank  of 

Tennessee,  sec.  43,  pp.  23,  24. 
County  Superintendent,  reports  to,  sec.  9, 

subsec.  9,  p.  9. 

Levies  county  tax,  sec.  39,  p.  23. 
Sheriff  certifies  election   of   Directors  to 

court,  sees.  13,  14,  p.  11. 

COUNTY  BOARD  OF  EDUCATION. 
Creation  and  duties,  pp.  37,  38,  39,  40. 
How  chosen,  sec.  3,  pp.  37,  38. 
Shall  locate  County  High  School  and  make 

contracts,  sec.  7,  p.  39. 
May  effect  consolidation,  sec.  8,  p.  39. 
May  admit  nonresidents  over  age,  sec.  10, 

p.  40. 

COUNTY  HIGH  SCHOOLS. 

County  Court  may  establish,  sec.  1,  p.  37. 
May  have  special  taxes,  sec.  2,  p.  37. 


County  Board   of   Education   to  control* 

sec.  3,  pp.  37,  38. 

Branches  to  be  taught,  sec.  4,  p.  38. 
Number  of  teachers  to  be  employed,  sec. 

5.  p.  38. 
Powers  and  duties  of  County  Board  of 

Education,  sees.  7,  8,  p.  39. 
To    be    under   supervision   of   State  and 

County  Superintendents,  sec.  9  pp.39  40 
Pupils;  how  admitted,  sec.  10,  p.  40.     ' 
Trustee  to  keep  account  of  County  High 

School  fund,  sec.  11,  p.  40. 

COUNTY  SUPERINTENDENT. 

Elected,  how  and  when,  sec.  8,  subsec.  1 
p.  6. 

Qualifications,  sec.  8,  subsec.  1,  p.  6. 

Examination,  sec.  8,  subsec.  l,  pp.  6,  7. 

Exemption  from  examination,  sec.  8,  sub- 
sec.  1,  p.  7. 

Women  eligible,  sec.  8.  subsec.  2,  p.  7. 

Term  of  office,  sec.  8,  subsec.  2,  p.  7. 

Prohibited  from  teaching,  sec.  9,  subsec. 
9  a,  art.  2,  pp.  9,  10. 

Contracting  as  to  school  property,  or  buy- 
ing school  warrants  in  counties  of  over 
30.000,  sec.  9,  subsec.  9 a,  p.  9. 

Shall  have  no  pecuniary  interest  in  sup- 
plying books,  etc.,  sec.  23,  pp.  16,  17. 

Misdemeanor  in  office  to  teach,  sec.  9,  sub- 
sec.  9  a,  art.  2,  p.  9. 

Penalties  and  forfeitures,  sec.  7,  p.  4;  sec. 
9,  subsec.  9 a,  art.  2,  pp.  9,  10;  sees.  23 
24,  25,  pp.  16,  17;  sec.  44^,  p.  26. 

Oath  of  office,  art.  10,  p.  63. 

May  appoint  District  Directors  in  case  of 
vacancy,  sees.  16,  17,  p.  11. 

Creation  and  duties,  sec.  2,  subsec.  1  p.  3- 
sec.  9,  pp.  8,  9;  sec.  43,  pp.  23,  24. 

Shall  report  to  State  Superintendent  sec. 
44  e,  p.  26. 

Salary,  sec.  8,  subsec.  1,  p.  6. 

Warrants  to  be  countersigned  by  him,  sec. 
9,  subsec.  8,  p.  9. 

Grading  schools,  sec.  32,  p.  20. 

Shall  issue  diplomas  and  certificates  to 
pupils,  sec.  U2  pp.  20.  21. 

County  Trustee  must  report  to  him,  sees. 
44 a,  446,  44 c,  44d,  pp.  24,  25. 

Directors  must  report  to  him,  sec.  20,  sub- 
sec.  12,  p.  14. 

May  appoint  persons  to  make  reports,  sec. 
9,  subsecs.  3.  4,  p.  8. 

Removal,  sec.  8,  subsec.  1,  p.  6. 

COUNTY  TRUSTEE. 

Apportionment  from  Comptroller,  sec.  44, 
p.  24. 

State  poll  tax  retained  and  distributed, 
sec.  36,  p.  22. 

State  school  tax  retained  and  distributed, 
sec.  38.  p.  23. 

County  school  tax  received  and  distrib- 
uted, sec.  40,  p.  23. 

School  money  kept  separate,  sec.  41  p.  23' 
sec.  47,  p.  28. 

Disbursed  by  warrants  of  Directors,  see. 
20,  subsec.  10,  pp.  13,  14. 

Orders  by  County  Directors  and  Super- 
intendent, sec.  9,  subsec.  8,  p.  9. 

Unexpended  balance  not  redistributed, 
sec.  42,  p.  23. 

Duties  in  Bank  of  Tennessee  issue,  sec. 
43.  pp.  23,  24. 

Settlements  to  be  made  quarterly,  see.  44  a. 
p.  24. 

Report  to  County  Superintendent,  sec.  44a, 
p.  24;  sec.  45, p.  27. 

(61) 


INDEX. 


Keport   to  State  Superintendent,  sec.  7, 

subsec.  8,  p.  5. 

Keport  to  Directors,  sec.  45,  p.  27. 
Bond,  sec.  46,  pp.  27,  28. 
Liability,  sec.  47,  p.  28. 
May  be  sued,  art.  9,  p.  62. 
Penalties  and  forfeitures,  sec.  44^,  p.  26; 

sec.  47,  p.  28. 

Compensation,  sec.  46,  p.  27. 
Duties  as  to  County  High  School  fund, 

sec.  2,  p,  37;  sec.  11,  p.  40. 

DECISIONS. 

See  Supreme  Court. 

DIPLOMAS. 

To  graduates  of  normal  schools,  sec.  54, 

subsec.  8,  p.  31. 
To  pupils  completing  secondary  school*, 

sec.  32,  subsec.  3,  p.  23. 

DISTRICTS. 

See  School  Districts. 

DISTRICT  CLERK. 

Duties,  sec.  21,  pp.  14,  15. 
When  chosen,  sec.  18,  p.  11. 
Compensation  for  services,  sec.  21,  subsec. 

5,  pp.  16,  17;  see  note. 
To  report  to  County  Superintendent,  sec. 

21,  subsec.  5,  p.  15. 

Teachers  must  report  to  Clerk,  sec.  27,  p.  18. 
Penalties  and  forfeitures,  sees.  23,  24,  25, 

pp.  16.  17. 
Pay  withheld  for  failure  to  report,  sec.  20, 

subsec.  12,  p.  14;  sec.  21,  subsec.  5,  p.  15. 
County  Superintendent's  duty,  in  case  of 

failure,  sec.  21,  subsec.  5,  p.  15. 

DISTRICT  DIRECTORS. 

When  and  how  elected,  sees.  10,  12,  p.  10; 

sec.  18,  p.  11. 

Who  eligible,  sec.  11,  p.  10. 
Sheriff   holds    election    and    certifies    to 

County  Court,  sees.  13,  14,  p.  10. 
Failure  to  elect,  sec.  16,  p.  11. 
Vacancy,  sec.  17,  p.  11. 
County  Superintendent  appoints,  sees.  16, 

17,  p.  11. 

Term  of  office,  sec.  10,  p.  10. 
County  Court  decides  contested  elections, 

sec.  14,  note,  p.  10. 

Hold  till  successors  qualified,  sec.  15,  p.  10. 
Enter  upon  office,  when,  sec.  18,  p.  11. 
Meetings,  sec.  18,  p.  11;  sec.  20,  subsec.  7, 

p.  12. 
Penalties  and  forfeitures,  sees.  23,  24,  25, 

pp.  16,  17. 

Misdemeanor,  sees.  18,  19,  pp.  11,  12. 
Duties,  sec.  2,  subsec.  1,  p.  3;  sec.  20,  p.  12; 

sec.  31,  pp.  18,  19,20. 
May  subdivide  districts,  sec.  22,  subsec.  3, 

p.  16. 
May  make  contracts,  sec.  20,  pp.  12,  13; 

sec.  28,  p.  18. 

Illegal  contracts,  sec.  19,  pp.  11,  12. 
Power  to  employ  and  dismiss  teachers, 

sec.  20,  subsec.  3,  p.  12. 
Contracts  with  other  districts,  sec.  30,  p.  18. 
Contracts  for  consolidated  schools,  sec. 

33,  p.  21. 
Contracts    for    primary    and    secondary 

schools,  sec.  31,  pp.  18,  19. 
Length  of  time  school  shall  be  run  each 

year,  sec.  39,  p.  23. 
Certificates  and  diplomas  to  pupils,  sec. 

32,  pp.  20,  21. 
Report  to  County  Superintendent,  sec.  20* 

subsec.  12,  pp.  13,  14. 
Report  from  Trustee,  sec.  45,  p.  29. 
Reports  from  teachers,  sec.  27,  p.  18. 
Power  to  suspend  and  dismiss  pupils,  sec. 

20,  subsec.  4,  p.  12. 


Debt  of  Directors  binds  successors,  arti- 
cle 3,  p.  60. 

Illegal  Directors,  article  2,  p.  60. 
Removal  from  office,  article  2,  p.  60. 

EXAMINATIONS. 

Of  County  Superintendent  before  elec- 
tion, sec.  8,  pp.  6,  7. 

County  Superintendent  to  examine  teach- 
ers, sec.  9,  subsec.  4,  p.  8. 

Graduates  of  normal  schools  exempt,  sec. 
54,  subsec.  8,  p.  31. 

EXAMINERS. 

State  Superintendent  may  appoint,  sec.  7, 
subsec.  6,  pp.  4,  5. 

FORFEITURES. 

See  Penalties  and  Forfeitures. 

FORMS. 

See  Blank  Forms. 

FUNDS. 

See  School  Funds. 

LICENSE  OF  TEACHERS. 
See  Certificates. 

MAPS,  SCHOOL. 

Act  authorizing  purchase,  Col.  John  Alli- 
son's, p.  36. 

MEMPHIS. 

Laws  applying  only  to  Memphis,  sec.  57, 
p.  56. 

MISDEMEANOR. 

See  Penalties  and  Forfeitures. 

MUNICIPAL  CORPORATIONS. 

City  and  town  school  systems,  sees.  48,  49, 

pp.  28,  29. 
Cities  and  incorporated  towns  may  levy 

tax,  sec.  SO,  p.  29. 
May  establish  independent  system,   sec. 

51,  pp.  29,  30. 
Boards  of  Education  may  be  appointed, 

sec.  50,  subsec.  4,  pp.  29,  30. 
Taxing  districts  of  second  class,  sec.  52, 

p.  30. 

NORMAL  SCHOOLS. 

Laws  organizing  and  regulating,  sec.  54, 
p.  30,  «t  seq. 

Diplomas  to  graduates,  exempting  from 
examination,  sec.  54,  subsec.  8,  p.  31. 

Scholarships  to  Peabody  Normal  College, 
sec.  54,  subsec.  14,  p.  33. 

State  Superintendent  to  disburse  all  mon- 
eys appropriated  to  Peabody  Normal 
School,  sec.  54,  subsec.  12,  p.  32. 

Appropriation  to  Peabody  Normal  College, 
sec.  54,  subsec.  14,  p.  33. 

Reports  to  State  Superintendent  and  Gov- 
ernor, sec.  54,  subsec.  9,  p.  32. 

Salaries  to  be  fired  by  State  Board,  sec.  54, 
subiec.  11,  p.  32. 

Scholarships  for  colored  people,  sec.  54, 
subsec.  15,  pp.  33,  34. 

Appropriation  for  normal  instruction  of 
colored  people,  sec.  54,  subsec.  15,  pp. 
33,  34. 

Donations  may  be  received,  sec.  54,  subsec. 
4,  p.  31. 

Age  of  pupils  attending,  sec.  54,  subsec.  6, 
p.  33. 

OFFICERS. 

All  officers  must  take  oath,  art.  10,  p.  63. 
Penalties  and  forfeitures,  sees.  23,  24,  25, 

pp.  16,  17. 

Duties  in  relation  to  Bank  of  Tennessee 
issue,  sec.  43,  pp.  23,  24. 


INDEX. 


63 


ORDERS. 

See  Warrants. 

PEABODY  NORMAL  COLLEGE. 

See  Normal  Schools. 

PENALTIES  AND  FORFEITURES. 

For  all  school  officers,  sees.  23,  24,  25,  26. 

pp.  16,  17,  18. 
County  Superintendent,  failure  to  report, 

sec.  44g,  p.  26. 
Clerk  of  Directors,  failure  to  report,  sec. 

20,  subsec.  12,  p.  14. 
County  Superintendent,  removal,   sec.  8, 

subsec.  1,  p.  6. 
State    Superintendent,    removal,    sec.    5, 

p.  4. 
Misdemeanor  for  County  Trustee,  sec.  47, 

p.  28. 
Misdemeanor  for  Directors,   sec.  19,  pp. 

11,  12. 

PROPERTY. 

Directors  control  property  of  district,  seo. 

20,  subsec.  11,  p.  14. 
People  may  rate  on  school  tax,  sec.  39,  p. 

23. 

PEOPLE. 

Public  meetings  of  district  called  by  Di- 
rectors, sec.  20,  subsec.  8,  p.  12. 

People  may  vote  on  school  tax,  sec.  39, 
p.  23. 

Elect  School  Directors,  sec.  12,  p.  10. 

PUPILS. 

School  age,  sec.  7,  subsec.  12,  pp.  5,  6. 
Pupils  adjoining  county  line,  sec.  22,  sub- 
sec.  4,  p.  16. 
Pupils  residing  in  different  districts,  sec. 

22,  subsec.  4,  note  1,  p.  16;  sec.  30,  p.  18. 
May  be  admitted  to  town  schools  by  con- 
sent, art.  8,  p.  62. 
Punishment  of  pupils,  sec.  20,  subsec.  4, 

p.  12. 

Suspension  by  teacher,  sec.  29,  p.  18. 
DimUsal    by  District  Directors,  sec.  20, 

•  ubsec.  4,  p.  12. 
School  grades,  sec.  82,  p.  20. 
Certificates  to  pupils  completing  primary 

schools,  sec.  32,  p.  20. 
Diplomas  to  pupils  completing  secondary 

schools,  sec.  82,  p.  20. 
White  and  colored  pupils  not  to  be  taught 

in  same  schools,  sec.  30,  p.  18. 
May  b«  recommended   for  admission  to 

Normal  College,  sec.  54,  subsec.  7,  p.  31. 
RECORDS. 

State  Superintendent  to  keep  records,  sec. 

7,  subsec.  10,  p.  5. 
County  Superintendent  to  keep  records, 

sec.  9,  subsecs.  7,  9,  p.  9. 
Clerk  of  Directors  to  keep  records,  sec.  21, 

subsecs.  2,  3,  pp.  14,  15. 
Teachers  to  keep  register  of  schools,  sec. 

27,  p.  18. 
County  Trustee  to  keep  separate  account, 

sec.  45,  p.  27. 
Normal  schools  to  keep  records,  sec.  54, 

subsec.  9,  p.  82. 
County  Trustee  to  keep  account  of  County 

High  School  fund,  see.  11,  p.  40. 

REPORTS. 

State  Superintendent  may  require  report 

of  any  officer,  sec.  7,  subsec.  7,  p.  5. 
State  Superintendent  may  appoint  persons 

to  make  reports,  sec.  7,  subsec.  8,  p.  5. 
State  Superintendent's  annual  report  to 

Governor,  sec.  7,  subsec.  12,  pp.  5,  6. 
State  Superintendent's  report  of  scholastic 

population  to  Comptroller,  sec.  7,  subsec. 

11,  p.  5. 


County  Superintendent's  annual  report  to 
State  Superintendent,  see.  7,  subsec.  7, 
p.  5;  sec.  9,  subsec.  6,  p.  8. 

County  Superintendent's  annunl  report  to 
County  Court,  sec.  9,  subsec.  9,  p.  9. 

County  Superintendent's  report  of  scho- 
lastic population  to  Trustee,  sec.  9,  sub- 
sec.  5,  p.  8. 

County  Superintendent  may  appoint  per- 
sons to  make  district  report,  sec.  9,  sub- 
sec.  3,  p.  8. 

Directors'  annual  report  to  County  Super- 

•   inteudent,  sec.  20,  subsec.  12,  p.  14. 

Clerk's  report  of  scholastic  population  to 
County  Superintendent,  sec.  21,  subsec. 
5,  p.  15. 

Clerk  failing  to  report  cannot  draw  pay, 
sec.  21,  subsec.  5,  p.  15. 

Teacher's  report  to  Clerk,  sec.  27,  p.  18. 

County  Trustee's  report  to  County  Super- 
intendent, sec.  44a,  p.  24;  sec.  45.  p.  t>. 

County  Trustee's  report  to  District  Direc- 
tors, sec.  45,  p,  27. 

State  Board  of  Education  to  report  to  State 
Superintendent  and  Governor,  sec.  54, 
subsec.  9,  p.  32. 

County  Board  of  Education  to  report,  sec. 
9,  p.  40. 

SCHOLARS. 

See  Pupils. 

SCHOLASTIC  POPULATION. 

See  Census. 

SCHOOL  AGE. 

See  Pupils. 

SCHOOL  DISTRICTS. 

Established  in  1873,  sec.  22,  subsec.  1,  pp. 

15,  16. 

Powers,  sec.  22,  subsec.  1,  p.  15. 
County  Court  may  change,  sec.  22,  subsec. 

2,  pp.  15,  16. 

Directors  may  subdivide,  sec.  22,  subsec. 

3,  p.  16. 

Pupils  residing  in  different  districts,  sec. 
22,  subsec.  4,  note  1,  p.  16. 

Pupils  adjoining  county  line,  sec.  22,  sub- 
sec.  4,  p.  16. 

Unexpended  balance  not  distributed,  seo 
42,  p.  23. 

Debt  of  directors  binds  successors,  art. 
p.  60. 

Adjacent  to  incorporated  towns,  sec.  28, 
subsec.  4a,  p.  16. 

SCHOOL  FUND. 

Permanent  fund  and  its  annual  proceeds, 

sees.  34,  35,  pp.  21,  22. 
Comptroller  apportions  annual  State  fund, 

sec.  44,  pp.  26,  27. 

State  school  taxes,  sees.  37,  38,  pp.  22,  23. 
Directors  may  draw  warrants  on  Trustea, 

sec.  20,  subsec.  10,  p.  13. 
County  school  taxes,  sec.  39,  p.  23. 
Distribution   to  school  districts,  sec.  38, 

p.  23. 
Directors  to  use  fund  for  what  purpose 

and  how,  sec.  20,  subsec.  5,  p.  12. 
Unexpended  balance  in  district,  sec.  42, 

p.  23. 
Penalty  of  Trustee,  sec.  47,  p.  28. 

SCHOOL  LAWS. 

Distributed  by  State  Superintendent,  sec. 
7,  subsec.  5,  p.  4. 

SCHOOL  OFFICERS. 

See  Officers'. 
SCHOOL  PROPERTY. 

See  Property. 


64: 


INDEX. 


SCHOOLS. 

System  established,  sees.  1,  2,  p.  3. 

How  long  kept  open,   sec.  20,  subsec.  3, 

note  5,  p.  12;  sec.  31,  note  p.  21;  sec.  39, 

p.  23. 
Separate  for  white  and  colored  pupils,  sec. 

20,  subsec.  9,  p.  12;  sec.  30,  p.  18. 
Who  may  attend  free,  sec.  22,  pp.  15,  16; 

sec.  30,  p.  18. 
Two  classes  of  schools  —  primary,  second- 

ary, sees.  31,  32,  pp.  18,  19,  20. 
Consolidated  schools,  sec.  33,  p.  21. 
Branches  of  study,  sees.  31,  32,  33,  pp.  18. 

19.  20,  21. 

Grading  of  schools,  sec.  32,  pp.  19,  20,  21. 
Certificates  and  diplomas  to  pupils,  sec.  32, 

pp.  19,  20,  21. 
More  than  one  teacher  necessary  for  each 

secondary  school,  sec.  31,  subsec.  3,  note 

p.  19. 
Effects  of  alcohol  and  tobacco  and  cigar- 

ette smoking  to  be  taught,  sec.  31,  sub- 

sees.  4,  5,  pp.  19,  20. 

SCHOOL  MAPS. 

Act   authorizing  purchase  of  Col.   John 
Allison's,  p.  36. 

SCHOOL  WARRANTS. 
See  Warrants. 

STATE  BOARD  OP  EDUCATION. 

How  appointed  and  term  of  office,  sec.  54, 

subsec.  13,  p.  33. 
Governor   and    State  Superintendent,  ex 

officio  members,  sec.  54,  subsec.  13,  p.  33. 
Organization,  duties,  and  powers,  sec.  54, 

pp.  30,  31.  32,33. 
May  establish  normal  schools,  sec.  54,  p. 

30. 
May  grant  diplomas  to  graduates,  sec.  54, 

subsec.  8,  p.  31. 
Report  to  Legislature  through  State  Sup- 

erintendent and  Governor,  sec.  54,  sub- 

sec.  16,  p.  34. 
Rules  for  County  Superintendent,  sec.  8, 

subsec.  1,  p.  7. 

STATE  SUPERINTENDENT. 

Office  created  and  located  at  Capitol,  sec. 

2,  p.  3;  sec.  6,  p.  4. 
Qualifications    and  appointment,  sec.  3, 

p.  3. 

Oath  of  office,  art.  10.  p.  63. 
Term  of  office  and  salary,  sec.  4,  p.  3. 
Member  of  State  Board  and  educational 


bodies,  sec.  4,  subsecs.  2,  3,  pp.  3,  4. 
Duties,  sec.  7,  subsecs.  1  to  12.  pp.  4,  5. 
Duty  in  grading  schools,  sec.  32,  pp.  20,  21. 
Duty  in  issuing  certificates  and  diplomas 

to  pupils,  sec.  32.  p.  21. 
Duty  in  distributing  school  law,  forms, 

etc.,  see.  7,  subsecs.  4,  5,  13,  pp.  4,  6;  sec. 

9,  p.  39. 
Suits  for  penalties  in  his  official  name, 

sec.  7,  p.  5. 
Penalties  and  forfeitures,  sees.  23,  24,  25, 

pp.  16,  17. 

Removal,  sec.  5,  p.  4. 
Shall   make  tours  of  inspection,  sec.   7, 

subsec.  2,  p.  4. 
Shall    disburse    money   appropriated    to 

Peabody  Normal  College,  sec.  54,  sub- 

sec.  12,  p.  32. 
Shall  be  secretary  and  treasurer  of  State 

Board  of  Education,  sec.  54,  subsec.  12, 

p.  32. 
Shall  give  bond,  sec.  54,  subsec.  12,  art.  2, 

p.  32. 
County  Superintendent  'reports    to   him, 

sec.  7,  subsec.  7,  p.  5;  sec.  44c,  p.  25. 
State  Board  of  Education  reports  to  him, 

sec.  54,  subsecs.  16,  17,  p.  34. 


May  require  reports  of  any  officer,  sec.  44, 

p.  26. 
May  appoint  persons  to  make  reports,  sec. 

7,  subsec.  8,  p.  5. 
May  appoint  examiners,  sec.  7,  subsee.  6, 

pp.  4,  5. 
May  employ  attorneys,  sec.  44  /,  p.  26. 

SUPREME  COURT. 

Decisions  in  school  cases,  pp.  59,  60. 

TAXES. 

See  School  Fund. 

TAXING  DISTRICTS. 
See  Memphis. 

TAXING  DISTRICTS  OF  SECOND  CLASS. 

See  Municipal  Corporations. 

TEACHERS. 

Examinations  provided  for,  sec.  7,  subsec. 

9,  p.  5. 
Certificates  of  qualification,  sec.  9,  sub- 

sec.  4,  p.  8;  sec.  26,  p.  17. 
Diplomas  from  State  normal  schools,  sec. 

54,  pp.  30,  31,  32,  33. 
Employment  by  Directors,  sec.  20,  subsec. 

3,  p.  12;  sees.  26,  28,  pp.  17,  18. 
Must  obey  regulations  of  Directors,  p.  43. 
Payment  of  salary,  sec.  20,  p.  13;  sees.  26, 

28,  pp.  17,  18. 

Keep  register  and  report  to  Directors,  sec. 

27,  p.  18. 
Power  to  punish  and  suspend  pupils,  sec. 

29,  p.  18. 

TEXT-BOOKS. 

Text-book   Commission    created,   sec.    1, 

p.  43. 
Uniform   system  of  school    books    to  be 

adopted,  sec.  1,  p.  43. 
Branches  to  be  considered,  sec.  1,  p.  43. 
Sub-commission  authorized,  sec.  1,  p.  44. 
Duties  of  commission  and   sub-commis- 

sion, sec.  1,  2,  3,  pp.  43,  44.  45,  46,  47. 
Requirement  of  bidders,  sec.  2,  pp.  46,  47. 
State  not  liable  to  any  contractor,  sec.  5, 

p.  51. 
Governor    to    issue    proclamation    when 

adoptions  are  made,  sec.  7,  p.  52. 
State  Superintendent    to    notify    County 

Superintendents  of    adoptions,   sec.   10, 

p.  54 
Compensation    for  sub-commission,   sec. 

17,  p.  55. 

TREE-PLANTING. 

Duty    of     County     Superintendent    and 
schools,  sec.  56,  p.  36. 

UNIVERSITY  OF  TENNESSEE. 

Duties  of  school  officers  in  examining  ap- 
licants and  cadetships,  sec.  55,  pp.  34, 


pcan 
35,  36. 


Senators  and  Representatives  appoint  ca- 

dets, sec.  55,  subsec.  3,  p.  35. 
President  of  University  appoints  cadets, 

sec.  55,  subsec.  5,  pp.  35,  36. 
Vacancy  in  cadetships,  sec.  55,  subsec.  6, 

p.  36. 

WARRANTS. 

Shall  be  countersigned,  sec.  9,  subsec.  8, 

p.  9. 
Drawn  by  Directors  on  County  Trustee, 

sec.  20,  subsec.  10,  pp.  13,  14. 
Drawn    by    County    Superintendent    for 

Clerk's  salary,  sec.  21,  subsec.  5,  p.  15. 
Trustee's  duty  and  liability,  sees.  44,  44a, 

44&,  p.  23. 
Shall  be  written  in  ink,  sec.  9,  subsec.  8, 

p.  9. 


VC  06587 


380089 


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